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2026 DAILYLAW 8458 (ALL)

KAMLESH MAURYA v. STATE OF U.P. AND 3 OTHERS

NA528/40613/2026 · 2026-09-22

Sanjay Kumar Pachori

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40613 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. Heard Shri Ram Kumar Yadav, learned counsel for the applicant and Shri Rahul Pandey, learned Brief Holder for the State. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 5.9.2026, passed by Additional Sessions Judge/Special Judge, POCSO Act, Sonbhadra, in Special Case No. 69 of 2019, arising out of Case Crime No. 400 of 2019, under Sections 376, 452, 506 of I.P.C., Police Station- Robertsganj, District- Sonbhadra, whereby an application to produce medical practitioner, who conducted ossification test report has been dismissed, pending in the Court of Additional Sessions Judge/Special Judge, POCSO Act, Sonbhadra Learned AGA pointed out that the date of birth of the victim has been collected on the basis of High School Certificate and as per the provision of Section 94 of J.J. Act., the ossification test report is of no value. After some arguments, learned counsel for the applicant does not want to press the present application. In view of above, the present application u/s 528 of BNSS of 2023 is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. September 23, 2026 KJ Versus Counsel for Applicant(s) : Arvind Singh Counsel for Opposite Party(s) : G.A. (Sanjay Kumar Pachori,J.) Kamlesh Maurya .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad