SMT. TAHIRA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/7231/2025 · 2025-03-04
Rajeev Misra
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 24794 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24794 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31813 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7231 of 2025 Applicant :- Smt. Tahira And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kapil Kumar,Sandhya Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Ms. Sandhya Singh, the learned counsel for applicants and the learned A.G.A. for State. Perused the record. Applicant-1 who is mother of the prosecutrix and applicant-2 who is prosecutrix herself have approached this Court by means of present application under section 528 BNSS with the following prayer:
"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Impugned Order dated 18.02.2025 passed by Learned Special Judge (POCSO Act), Bulandshahr in Special Case No.156 of 2024 (State Vs. Mohd Said & others) arising out of Case Crime No.164 of 2023 Under Section 376(AB), 452, 506 I.P.C. and Section 5M/6 of POCSO Act, Police Station-Ahaar, District-Bulandshahr. It is further prayed that till the final disposal of this application before this Hon 'ble Court further proceedings of Special Case No.156 of 2024 (State Vs. Mohd Said & others) arising out of Case Crime No.164 of 2023 Under Section 376(AB), 452, 506 I.P.C. and Section 5M/6 of POCSO Act, Police Station-Ahaar, District-Bulandshahr may kindly be stayed. It is further be pleased to remit back the present matter before the Learned Court below for fresh consideration, so that justice may be done." At the very outset, the learned A.G.A. contends that order impugned dated 18.2.2025 is not against applicants, therefore, they have no locus to challenge the same. As such, present application is liable to be dismissed. 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 the preliminary objection raised by the learned A.G.A. in opposition to this application is clearly borne out of the record and further the same could not be dislodged by the learned counsel for applicant, with reference to the record at this stage.
In view of above, this application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 5.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad