SIDARTHA SHANKAR PANDEY v. STATE OF U.P. AND 3 OTHERS
NA528/26838/2025 · 2025-09-03
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77465 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77465 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26838 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the parties. 2. The present application has been filed for seeking quashing of cognizance/summoning order dated 12.11.2024 passed by learned Additional Session Judge/Special Judge, POCSO Court, Ghazipur in S.S.T. No.1014 of 2024 (State Vs. Siddharth Shankar Pandey @ Mitthu) arising out of Case Crime No.185 of 2023, under sections 147, 323, 504, 354 I.P.C. and sections 7/8 of POCSO Act, P.S. Nonahara, District- Ghazipur as well as to quash the entire proceedings of above-mentioned trial. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet is liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State and learned counsel for opposite party no.2 vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the arguments whatsoever has been raised by learned counsel for applicant is amenable before learned trial court, which is specifically on the basis of statements so recorded by prosecution witnesses and the material evidences, which has been collected during the course of investigation and as such prima-facie offence has been made out against the applicant. Versus Counsel for Applicant(s) : Indrajeet Kumar Shukla, Kaushal Mishra, Rajendra Kumar Singh Counsel for Opposite Party(s) : Birendra Kumar Yadav, G.A., Jaswant Rai, Lal Behari Yadav Sidartha Shankar Pandey .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds no good and legal grounds for quashing the entire proceedings arising out of Case Crime No.185 of 2023 and as such the prayer as extended by learned counsel for applicant is hereby refused. 6. Lastly, learned counsel for applicant intended to prefer regular bail before learned trial court over which no objection have been made by learned counsel for opposite parties. 7.
In view of the aforesaid, the instant application is finally disposed of with liberty to applicant to avail all the other legal remedies available at law within a period of three weeks from today, which shall be considered and decided expeditiously in accordance with law. Till three weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. September 4, 2025 Saif NA528 No. 26838 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad