Ompal Vs State of U.P. and 3 Others

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Neutral Citation No. - 2025:AHC:37292

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Court No. - 70

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Case :- APPLICATION U/S 528 BNSS No. - 6469 of 2025

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Applicant :- Ompal Opposite Party :- State Of U.P. And 3 Others

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Hon'ble Rajeev Misra,J.

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Heard Ms. Nazia Nafees, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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On the matter being taken up, the learned A.G.A. submits that notice of present application under Section 528 BNSS has been served upon first informant opposite party No.2 on 03.02.2025. However, in spite of service of notice upon first informant opposite party-2 neither any counter affidavit has been filed by first informant/opposite party No.2 nor anyone has put in appearance on his behalf to oppose this application even in revised call.

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Applicant-Ompal, 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:-

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"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the entire proceeding of S.S.T. No. 306 of 2023 (State Vs. Ompal) arising out of charge sheet dated 08.04.2023, bearing charge sheet no.71/2023 filed in Case Crime No.30 of 2023 under section 363, 366, 376 I.P.C. and 3/4 Protection of Children from Sexual Offence Act, 2012, Police Station Bachraun, District-Amroha, pending in Court of Additional Session Judge/ Special Judge (POCSO Act), First, Amroha.

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It is further prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 08.04.2023, bearing charge sheet no.71/2023 filed in Case Crime No.30 of 2023 under section 363, 366, 376 I.P.C. and 3/4 Protection of Children from Sexual Offence Act, 2012, Police Station Bachraun, District-Amroha, as well as cognizance/summoning order dated

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26.04.2023 passed by Additional Session Judge/POCSO Act, Amroha on the aforesaid charge sheet against the applicant, which is pending in Court of Additional Session Judge/Special Judge (POCSO Act), First, Amroha.

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It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of S.S.T. No. 306 of 2023 (State Vs. Ompal) arising out of charge sheet dated 08.04.2023, bearing charge sheet no.71/2023 filed in Case Crime No.30 of 2023 under section 363, 366, 376 I.P.C. and 3/4 Protection of Children from Sexual Offence Act, 2012, Police Station Bachraun, District-Amroha, pending in Court of Additional Session Judge/ Special Judge (POCSO Act), First, Amroha, against the applicant, during the pendency of the present application before this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury.

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And/or to pass such other and further order or direction which this Hon'ble Court may deem fit and proper in the interest of Justice."

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At the very outset, Court raised a pointed query as to whether charges have been framed against applicant. Secondly, whether, trial of the accused-applicant has commenced before Court below.

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Learned counsel for applicant fairly submits that charges were framed against applicant by Court below in exercise of jurisdiction under Section 228 Cr.P.C. and subsequently, the trial procedure commenced. Upto this stage, two prosecution witnesses i.e. first informant opposite party-2 and the prosecutrix have already deposed before Court below.

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In view of above, the prayer prayed for by means of present application is now wholly misconceived. Therefore, the same cannot be considered at this belated stage. When aforementioned proposition of law was pointed out by Court to the learned counsel for applicant, she submits that irrespective of above, interest of justice shall be served in case a positive direction is issued by this Court to Court below to conclude the trial pending against applicant by proceeding expeditiously in the matter and preferably to conclude the same within a time period fixed by this Court.

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

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Having heard, the learned counsel for applicant, the learned

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A.G.A. for State opposite party-1 and upon perusal of record, this Court finds that no useful purpose shall be served in keeping this writ petition pending.

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Accordingly, this application is disposed off finally with a direction to Court concerned to decide aforementioned Special Sessions Trial with all expedition without granting any unnecessary adjournment to either of the parties, not to grant exemption to accused in a routine manner but only in case of exceptional circumstances take all such measures as are available under the Code i.e. Cr.P.C. to secure the presence of the witnesses. The Court shall further guided by the provisions contained in Section 309 Cr.P.C./Section 346 BNSS.

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Order Date :- 17.3.2025

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Imtiyaz

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

Ompal v. State of U.P. and 3 Others

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