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Neutral Citation No. - 2025:AHC:105858 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21368 of 2025 Applicant :- Neelam Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Kumar Prasad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant, learned A.G.A. for State and perused the record.
2. The instant application has been preferred for quashing the entire proceedings of Session Trial No.626 of 2024 (State vs. Vishesh Tiwari @ Raja and Others) arising out of Case Crime No.32 of 2024, under sections 11/12 of Protection of Child Marriage Act, 2006, P.S. Sahatwar, District- Ballia, including the charge-sheet dated 02.06.2024 as well as cognizance order dated 25.06.2024 passed by learned Special Judge, POCSO Act, Court No.8, Ballia.
3. Learned counsel for applicant submitted that applicant being the distant relative of main accused, i.e., one Vishesh Tiwari against whom the entire allegation has been put forward by the victim, which culminated into preferring charge-sheet, whereupon cognizance of offence has been taken up by learned court concerned and at the same time, implication of application is only in pursuance to sections 11/12 of Protection of Child Marriage Act,
2006. It is also submitted that role of applicant was only shown as appearance at the time of solemnization of marriage of a child.
4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application, but no other criminal history has been apprised being credited against the applicant.
5. After having rival submissions extended by learned counsel for the parties and considering the role of applicant, being a lady, she is hereby permitted to put her appearance through counsel before learned court concerned and she shall ensure her presence on the specific dates as mandated through procedure, otherwise coercive shall be initiated against the applicant during trial.
6. With the aforesaid directions, the instant application stands
disposed of.
7. However, it is made clear that parity of this order may not be applicable to other co-accused, since the above-mentioned order has been passed on the basis of specific conditions and the
arguments raised by learned counsel for applicant.
Order Date :- 7.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad