SMT. RANI @ RANE DEVI v. STATE OF U.P. AND ANOTHER
NA528/35843/2025 · 2025-09-16
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 97310 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97310 (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. - 35843 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet no.371 of 2024 dated 25.10.2024, cognizance/summoning order dated 05.12.2024 as well as the entire proceedings of P.S.T. No.2595 of 2024 (State vs. Aman and Others) arising out of Case Crime No.363 of 2023, under sections 9/10 of Prohibition of Child Marriage Act, 2006, P.S. Sirsaganj, District- Firozabad, pending in the court of learned Special Judge (POCSO Act)/Additional Session Judge, Firozabad.
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 and cognizance/summoning order are liable to be quashed by this Court.
4. Per contra, learned A.G.A. for the State 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 although there is no allegation made out against the applicant in respect of section 9 of Prohibition of Child Marriage Act, 2006, but so far as relates to section 10 of Prohibition of Child Marriage Act, 2006, as per statement recorded by the victim herself under section 164 Cr.P.C., prima-facie case is made out against the applicant, which has to be tried before learned court concerned. Versus Counsel for Applicant(s) : Sunil Kumar Yadav Counsel for Opposite Party(s) : G.A. Smt. Rani @ Rane Devi .....Applicant(s) State of U.P. and Another .....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 to interfere in the instant application.
6. The instant application under section 528 BNSS stands dismissed accordingly. September 17, 2025 Saif NA528 No. 35843 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad