Sanjay Kumar Bashkar vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Sanjay Kumar Bashkar vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application dismissed as withdrawn, with liberty to file a fresh application with better particulars, details and proper relief; certified copies of the appended documents to be returned to learned counsel for applicant after photocopies are kept on record.

Issue for consideration

Whether the order dated 15.01.2025 of the Special Judge (POCSO Act)/Addl. Session Judge, Prayagraj — by which the applicant was denied recall/re-examination of prosecution witness Sangeet Shikha Bashkar under his Section 311 Cr.P.C. application while the prosecution was permitted to recall its witnesses — ought to be set aside and the witness directed to be recalled for re-examination in S.T. No. 89/2015. (Raised by the applicant's prayer; not adjudicated on merits, as the application was withdrawn.)

Ratio / Principle

On the learned counsel's submission that the copy of the rejected Section 311 Cr.P.C. application was, due to inadvertence, not appended to the present application, and with no objection from the learned A.G.A., the application under Section 528 BNSS is dismissed as withdrawn, with liberty to file a fresh application with better particulars/details and with proper relief.

Key takeaways

Certified copies of the documents appended along with the application shall be returned to the learned counsel for the applicant after obtaining photocopies of the same to be kept on record.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Rajeev Misra, J.) — Application under Section 528 BNSS (No. 4671 of 2025) by Sanjay Kumar Bashkar, a charge-sheeted accused facing trial as S.T. No. 89/2015 (Case Crime No. 443/2014, Police Station Handiya, District Prayagraj) under Sections 363, 366, 376 IPC and Section 4 POCSO Act, sought setting aside of the order dated 15.01.2025 of the Special Judge (POCSO Act)/Addl. Session Judge, Prayagraj, whereby his application under Section 311 Cr.P.C. for recall/re-examination of witness Sangeet Shikha Bashkar was rejected while the prosecution was permitted to recall its witnesses. At the outset, counsel fairly submitted that, due to inadvertence, the copy of the Section 311 Cr.P.C. application had not been appended and sought leave to withdraw with liberty to file afresh with better particulars; the learned A.G.A. had no objection. Application dismissed as withdrawn with liberty aforesaid; certified copies of appended documents to be returned to counsel after photocopies are retained on record. Order dated 07.05.2025.

Neutral Citation No. - 2025:AHC:74063

Court No. - 70

Case :- APPLICATION U/S 528 BNSS No. - 4671 of 2025

Applicant :- Sanjay Kumar Bashkar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pawnesh Tiwari,Sandip Kumar,Somesh Tiwari

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Pawnesh Tiwari,, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

Perused the record.

Applicant-Sanjay Kumar Bashkar, who is a charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 528 BNSS with the following prayer:-

"It is, therefore, most respectfully prayed that it is expedient in the interest of justice that Hon'ble Court may graciously be pleased to set aside the order dated 15.01.2025 by Special Judge (POCSO Act)/ Addl. Session Judge Prayagraj in Case Crime No. 443/2014, U/s 363,366,376 I.P.C. & Sec 4 POCSO ACT (State vs. Sanjay Kumar Bashkar), Police Station- Handiya DistrictPrayagraj (S.T. No.89/2015) pending before the Special Judge (POCSO Act)/ Addl. Session Judge Prayagraj, by which the applicant has not been permitted to recall the witness for reexamine and at the same time allowed the prosecution to recall the prosecution witness.

Further this Hon'ble Court may be please to direct the court below to recall the witness Sangeet Shikha Bashkar and permit the applicant to re-examine her in aforesaid trial so that justice could be done with the applicant.

Further this Hon'ble Court may be please to stay the criminal proceeding and effect & operation the order dated 15.01.2025 by Special Judge (POCSO Act)/ Addl. Session Judge Prayagraj in Case Crime No. 443/2014, U/s 363,366,376 I.P.C.& 4 POCSO ACT(State vs. Sanjay Kumar Bashkar), Police Station- Handiya

District- Prayagraj (S.T. No.89/2015) pending before the Special Judge (POCSO Act)/ Addl. Session Judge Prayagraj, by which the applicant has not been permitted to recall the witness for reexamine and at the same time allowed the prosecution to recall the prosecution witness., during the pendency of the present Criminal Revision, otherwise the applicant shall suffer irreparable loss and injury.

And/or such and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

At the very outset, the learned counsel for applicant fairly submits that due to inadvertence the copy of the application under Section 311 Cr.P.C. filed by applicant before Court below which has been rejected by means of impugned order has not been appended alongwith this application. He, therefore, submits that he be permitted to withdraw the present application with liberty to file fresh with better particulars details and with proper relief.

Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant.

In view of above, this application is, accordingly, dismissed as withdrawn, with liberty aforesaid.

Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicant after obtaining photocopies of the same to be kept on record.

Order Date :- 7.5.2025 Imtiyaz

Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad