Anurag Mishra vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Anurag Mishra vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application dismissed as withdrawn, but the process (NBW or otherwise) issued against the applicant by the Special Judge, POCSO Act, Court No.22, Kanpur Nagar kept in abeyance, conditional on the applicant appearing before the District Judge, Kanpur Nagar and moving an application for transfer of the case from the Special Judge, POCSO Act, Court No. 22 to the Juvenile Justice Board, Kanpur Nagar within 30 days.

Issue for consideration

Whether the juvenile-applicant may be permitted to withdraw his application under Section 528 BNSS so as to move a fresh application before the District Judge, Kanpur Nagar for transfer of his case to the Juvenile Justice Board, as done by the co-accused. +1 more

Court's answer

The application under Section 528 BNSS is dismissed as withdrawn, allowing the applicant to pursue the transfer application before the District Judge, Kanpur Nagar.

Ratio / Principle

The process (NBW or otherwise) issued against the applicant by the Special Judge, POCSO Act, Court No.22, Kanpur Nagar is kept in abeyance subject to his appearance before the District Judge, Kanpur Nagar by moving an application for transfer of case.

Key takeaways

The abeyance of the process is conditioned upon the transfer application (from the Special Judge, POCSO Act, Court No. 22 to the Juvenile Justice Board, Kanpur Nagar) being moved within 30 days.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Avnish Saxena, J.), Application U/S 528 BNSS No. 45033 of 2025, decided November 17, 2025 — Juvenile-applicant Anurag Mishra, declared 'juvenile in conflict with law' by the Juvenile Justice Board on 07.08.2015, yet had a charge sheet and process (NBW) before the Special Judge, POCSO Act, Court No.22, Kanpur Nagar. His counsel sought to withdraw the Section 528 BNSS application so as to file a transfer application before the District Judge, Kanpur Nagar, mirroring the co-accused whose case had been transferred to the Juvenile Justice Board by order dated 30.10.2025 in Crl. Misc. (Transfer) Case No. 2222 of 2025 (Abhishek Shukla Vs. State of U.P.). The application was dismissed as withdrawn, but the process issued against the applicant was kept in abeyance on condition that he appear before the District Judge, Kanpur Nagar and move the transfer application within 30 days.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 45033 of 2025

Anurag Mishra

.....Applicant(s)

Versus
State Of U.P. And 3 Others .....Opposite Party(s)
Counsel for Applicant(s) : Raj Kamal Tripathi
Counsel for Opposite Party(s) : G.A.

Court No. - 81

HON'BLE AVNISH SAXENA, J.

Sri Raj Kamal Tripathi, learned counsel for juvenile-applicant seeks to withdraw the application to move an application for transfer of the case to Juvenile Justice Board before the District Judge, Kanpur Nagar as has been moved by the co-accused and the matter has been transferred to Juvenile Justice Board by order dated 30.10.2025 passed in Crl. Misc. (Transfer) Case No. 2222 of 2025 (Abhishek Shukla Vs. State of U.P.), he only seeks the protection of accused-applicant against whom the charge sheet is submitted before the Special Judge, POCSO Act,Court No.22, Kanpur Nagar though he has been declared juvenile in conflict with law by the Juvenile Justice Board by order dated 07.08.2015.

Accordingly, the application is dismissed as withdrawn, but the process (NBW or else) issued against the applicant by the Special Judge, POCSO Act, Court No.22, Kanpur Nagar is kept in abeyance subject to his appearance before the District Judge, Kanpur Nagar by moving application for transfer of case from Special Judge, POCSO Act, Court No. 22 to Juvenile Justice Board, Kanpur Nagar, within 30 days.

(Avnish Saxena,J.)

November 17, 2025 Abhishek Sri.

Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad