Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 14405 (ALL)

DURGA CHAUHAN v. STATE OF U.P. AND 3 OTHERS

NA528/41347/2026 · 2026-10-07

Sanjay Kumar Pachori

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41347 of 2026 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Udai Shankar Chauhan, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 27.08.2026 passed by Additional Sessions Judge/ Special Judge (POCSO Act), Court No. 1, Mau in Special Case No. 342 of 2020, arising out of Case Crime No. 195 of 2020, under Sections 376-D, 506 of I.P.C. and 5(छ)/6 POCSO Act, Police Station- Ranipur, District- Mau,whereby an application under Section 311 of Cr.P.C. has been dismissed. Learned A.G.A. pointed out that application in question has been filed to summon the doctors for the ossification test report, whereas the date of birth of the victim has been collected during the investigation. It is further submitted that as per provision of Section 94 of JJ Act, an ossification test report is necessary when the date of birth of the victim or child is unavailable. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file an appropriate application/ proceedings before the court of competent jurisdiction. Certified copy of the order may be returned to the learned counsel for the applicant after retaining a xerox thereof. In view of the above, the application is dismissed as not pressed with the Versus Counsel for Applicant(s) : Udai Shankar Chauhan Counsel for Opposite Party(s) : G.A. Durga Chauhan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) aforesaid liberty. October 8, 2026 Ishan NA528 No. 41347 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad