Mustkeem Alias Panne and 2 Others vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Mustkeem Alias Panne and 2 Others vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicants till the next date of listing; notice issued to opposite party no. 2 through CJM, Gorakhpur; counter affidavit called from learned AGA within two weeks; case listed as fresh on 31.03.2026. Final quashing question left open.

Issue for consideration

Whether the proceeding of cognizance/summoning order dated 16.03.2023 in session case no. 858 of 2023, arising out of case crime no. 0606 of 2018, should be quashed under Section 528 BNSS.

Court's answer

Matter requires consideration; notice to be issued to opposite party no. 2 through the Chief Judicial Magistrate, Gorakhpur, returnable at an early date.

Ratio / Principle

Learned AGA to file counter affidavit within two weeks.

Key takeaways

Case to be put up as fresh on 31.03.2026.ratio¶14
As an interim measure, till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case crime.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Tarun Saxena, J., Court No. 78) — Mustkeem Alias Panne & 2 Ors. v. State of U.P. & Anr., Application U/S 528 BNSS No. 37588 of 2025, decided February 23, 2026: application to quash the cognizance/summoning order dated 16.03.2023 in session case no. 858 of 2023 (case crime no. 0606 of 2018, Sections 363, 366, 368, 376 IPC and 3/4 POCSO Act, P.S. Gulariha, District Gorakhpur) pending before the Additional Sessions Judge, Special Judge, POCSO Act, Gorakhpur. Counsel for applicants submitted it is a case of love affair between applicant no. 1 and the victim, whose Section 164 Cr.P.C. statement denies the prosecution case. Court found the matter requires consideration, issued notice to opposite party no. 2 through the Chief Judicial Magistrate, Gorakhpur, returnable at an early date, directed the learned AGA to file a counter affidavit within two weeks, and posted the case as fresh on 31.03.2026. Interim direction: till the next date of listing, no coercive action against the applicants. Merits left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 37588 of 2025

Mustkeem Alias Panne And 2 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Manish Gupta, Vaishali Sahu
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE TARUN SAXENA, J.

This application U/s 528 BNSS has been filed for quashing the proceeding of cognizance/ summoning order dated 16.03.2023 in session case no. 858 of 2023 arising out of case crime no. 0606 of 2018 under Section 363, 366, 368, 376 IPC and 3/4 POCSO Act, P.S. Gulariha, District Gorakhpur pending in the court of Additional Sessions Judge, Special Judge, POCSO Act, Gorakhpur.

Sri Manish Gupta, learned counsel for the applicants submits that it is the case of love affair between the applicant no.1 and the victim. It is further submitted that the victim, in her statement recorded under Section 164 Cr.P.C. has denied the prosecution case and has categorically stated that she was in love with the applicant no.l.

Matter requires consideration.

Issue notice to opposite party no.2 through Chief Judicial Magistrate, Gorakhpur returnable at an early date.

Steps be taken within a week.

Learned AGA may file counter affidavit within two weeks.

Put up this case on 31.03.2026 as fresh.

NA528 No. 37588 of 2025

2

Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case crime.

February 23, 2026

C. MANI

(Tarun Saxena,J.)

Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad