Disposed¶13

Afsar and 2 Others v. State of U.P. and 3 Others

Allahabad HC12 Feb 2026CRLR/558/2026

Case brief

AI extract

What is this about?

Transitional procedure: order under Section 319 Cr.P.C. set aside because the case was pending under BNS 2023 (ss. 137(2), 352, 351(3), 65(1), 87) and 4(2) POCSO Act, with BNSS 2023 in force from 1.7.2024; Special Judge (POCSO), Moradabad directed to pass fresh order under BNSS 2023. Keywords: Section 319 CrPC, BNSS 2023, BNS 2023, POCSO Act, Moradabad, Katghar, S.T. No. 861 of 2024, Case Crime No. 366 of 2024, set aside, fresh order, criminal revision disposed.

What did the court decide?

Criminal revision disposed of; impugned order dated 12.12.2025 set aside and trial court directed to pass a fresh order in accordance with the provisions of BNSS, 2023. ¶13

Afsar and 2 Others vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 558 of 2026

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Afsar And 2 Others

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.....Revisionist(s)

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	Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Revisionist(s) Counsel for Opposite Party(s)	: Abhilasha Singh, Ashutosh Yadav, Shyam Lal : G.A.

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Court No. - 87

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HON'BLE ABDUL SHAHID, J.

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Heard learned counsel for the revisionists and the learned AGA for the State.

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The present criminal revision is directed against the impugned order dated 12.12.2025, passed by the learned Special Judge (POCSO) Act, court No.2, Moradabad in S.T. No. 861 of 2024 (State Vs. Saeem) in Case crime No. 366 of 2024, Police Station Katghar, District Moradabad.

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Learned counsel for the revisionists has submitted at the outset that the case is pending under Sections 137(2), 352, 351(3), 65(1), 87 BNS and 4(2) POCSO Act, whereas the impugned order has been passed under Section 319 Cr.P.C.

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It is submitted that the case is pending under the provisions of BNS 2023, hence provision under Section 319 Cr.P.C. is not applicable because BNSS, 2023 is enforceable with effect from 1.7.2024. There is substance in the submission raised by the learned counsel for the revisionist.

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In view thereof, on this ground, the impugned order dated 12.12.2025, is hereby set aside. Learned trial court is directed to pass an order afresh in accordance with the provisions of BNSS, 2023 in this matter as well as in other matter, wherein the FIR has been registered and case is pending under the provisions of BNS, 2023.

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With these observations, the criminal revision is disposed of .

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February 12, 2026 sfa/

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(Abdul Shahid,J.)

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

Afsar and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Afsar and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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