Jisaan and 5 Others vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Jisaan and 5 Others vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with direction to the applicants to approach the court below by filing a discharge application in terms of Section 250(2) BNSS within two weeks from the date of the order along with a certified copy of the order; the court below to decide it by a reasoned and speaking order within two months thereafter, provided there is no other legal impediment; court below restrained from proceeding further with the matter until disposal of the discharge application.

Issue for consideration

Whether the High Court should entertain the applicants' application under Section 528 BNSS seeking quashing of the cognizance/summoning order dated 11.11.2024 and the entire criminal proceeding in Special Case No. 368 of 2024, when the applicants have not availed the statutory remedy of a discharge application under Section 250(2) BNSS before the court below.

Court's answer

No useful purpose would be served in keeping the Section 528 BNSS application pending, since the grounds raised by the applicants can be examined meticulously by the court below at the time of deciding the discharge application, the court below having the advantage of the original record.

Ratio / Principle

The application is disposed of finally with a direction to the applicants to file a discharge application under Section 250(2) BNSS within two weeks along with a certified copy of the order; the court below is to decide such discharge application by a reasoned and speaking order within two months thereafter, provided there is no other legal impediment.

Key takeaways

Until the disposal of the discharge application as directed, the court below shall not proceed further with the matter.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Rajeev Misra, J.; Neutral Citation 2025:AHC:19272) — Application under Section 528 BNSS (No. 998 of 2025) by charge-sheeted applicants (Jisaan and 5 others) seeking quashing of the cognizance/summoning order dated 11.11.2024 passed by the Special Judge (POCSO Act)/Additional Sessions Judge, Bareilly in Special Case No. 368 of 2024 (State VS. Farhan @ Farman), arising out of Case Crime No. 267/2024 under section 87/61, 64(1), 64(2)(m), 115(2), 127(4), 142 B.N.S. and Section 3/4, 5(1)/6, 16/17 POCSO Act, P.S. Shahi, District Bareilly — On the learned A.G.A.'s submission that the applicants rushed to the High Court without availing the statutory remedy of discharge available under Section 250(2) BNSS, and that the court below, having the advantage of the original record, could examine the grounds threadbare, the Court found no useful purpose in keeping the application pending — Application disposed of finally with a direction to file a discharge application under Section 250(2) BNSS within two weeks; court below to decide it by a reasoned and speaking order within two months thereafter, subject to no other legal impediment; court below directed not to proceed further with the matter until disposal of the discharge application.

Neutral Citation No. - 2025:AHC:19272

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 998 of 2025

Applicant :- Jisaan And 5 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Kumar Yadav,Bal Krishna Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr.Bal Krishna Yadav, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1.

Perused the record.

Applicants- Jisaan And 5 Others, who are charge sheeted accused have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned cognizance/summoning order dated 11.11.2024 passed by Special Judge (POCSO Act)/Additional Sessions Judge, Bareilly in Special Case No. 368 of 2024, State VS. Farhan @ Farman, and also the entire criminal proceeding of Special Case No. 368 of 2024, State VS. Farhan Farman arising out of Case Crime No. 267/2024 under section 87/61, 64(1), 64(2)(m), 115(2), 127(4), 142 B.N.S. and Section 3/4, 5(1)/6, 16/17 POCSO Act, P.S. Shahi, District Bareilly, pending before the Special Judge (POCSO Act)/Additional Sessions Judge Bareilly, and/or may pass any other order as may deem fit and proper in the facts and circumstances of the case."

At the very outset, the learned A.G.A. submits that applicants have rushed to this Court by filing present application under Section 528 BNSS. without availing the statutory remedy available under Section 250(2) BNSS Learned A.G.A. further submits that court below can deal with the grounds raised in support of this application thread bare at the first instance as it has the advantage of original record. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present application under Section 528 BNSS

When confronted with above, the learned counsel for applicants could not overcome the same.

Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record this court finds that no useful purpose shall be served in keeping this application pending, as the grounds raised by the learned counsel for applicants in support of this application can very well be examined by court below meticulously at the time of deciding the discharge application as court below has the advantage of having the original record.

Accordingly this application is disposed of finally with a direction to the applicants to approach court below by filing a discharge application in terms of Section 250 (2) BNSS seeking their discharge in above mentioned criminal case. In case, such a discharge application is filed by applicants within a period of two weeks from today alongwith a certified copy of this order, the court below shall proceed to decide the same by a reasoned and speaking order within a period of two months thereafter, provided there is no other legal impediment.

It goes without saying that till the disposal of discharge application as directed above, court below shall not proceed further with the matter.

Order Date :- 10.2.2025 Arshad

Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad