Zubair Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Zubair Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissal of the application as withdrawn, with liberty to file a fresh application; return of certified copies of documents appended to the application to the learned counsel for applicant after retaining photocopies on record. The stay of Special Case No. 1163 of 2024 and quashing of the chargesheet/cognizance order were not granted and their merits were not adjudicated.

Issue for consideration

Whether to quash the chargesheet dated 25.10.2024, the cognizance order dated 6.12.2024 passed by the learned A.C.J. POCSO Act, Varanasi, and the entire proceeding of Special Case No. 1163 of 2024 (State Vs. Mohammad @ Sameer and another) — the relief sought in the application, ultimately not adjudicated on merits owing to withdrawal.

Ratio / Principle

The present application under Section 528 BNSS is dismissed as withdrawn, with the liberty sought by counsel to file afresh, since counsel submitted that the application contained certain inherent mistakes which cannot be cured by filing a supplementary affidavit or an amendment application, and the learned A.G.A. raised no objection.

Key takeaways

Certified copies of the documents appended alongwith the application shall be returned to the learned counsel for applicant after obtaining photocopies thereof to be kept on record.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 70) — Application U/S 528 BNSS No. 9944 of 2025; Order Date 3.4.2025; Hon'ble Rajeev Misra, J. Applicant-Zubair, a charge-sheeted accused facing trial before the court below, had sought quashing of the impugned Chargesheet dated 25.10.2024 and cognizance order dated 6.12.2024 passed by learned A.C.J. POCSO Act, Varanasi, and of the entire proceeding of Special Case No. 1163 of 2024 (State Vs. Mohammad @ Sameer and another), arising out of Case Crime No. 194 of 2024, under sections 64, 74, 352, 351(2) of B.N.S. and Section 3/4 of POCSO Act, P.S.- Lohta, District- Varanasi, pending before the learned Special Judge, POCSO Act-II, Varanasi, together with a stay of that proceeding. Upon the matter being taken up, learned counsel for applicant submitted that the application contained certain inherent mistakes not capable of cure by a supplementary affidavit or an amendment application and prayed for dismissal as withdrawn with liberty to file fresh; the learned A.G.A. raised no objection. The Court dismissed the present application as withdrawn with the aforesaid liberty, and directed that certified copies of documents appended to the application be returned to counsel after obtaining photocopies for the record. No substantive adjudication of the chargesheet or cognizance order occurred.