Allahabad High Court
CHANDversusSTATE OF U. P.THROUGH PRINCIPAL SECRETARY HOME GOV. OF U.P.
- Decided
- Bench
- SAMIT GOPAL
Holding
The Court dismissed the application under Section 482 Cr.P.C. as not pressed.
Summary
The applicants Chand, Mausin, Rashid and Mohd. Nazim filed an application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 31.08.2021 passed by the Special Court under the POCSO Act and to stay further proceedings. The application was initially filed for Chand, and later three additional persons were impleaded through a separate application. During the hearing, the Court observed that applicants Mausin and Rashid were not named as accused in the original order and had not been summoned. The applicants argued that the impleadment was improper and sought dismissal of the Section 482 application, indicating an intention to file a better petition. The Court allowed the prayer to dismiss the application, holding that it was not pressed, and ordered that any future petition be served on the opposite party's counsel.
Issues considered
- Whether the application under Section 482 Cr.P.C. is maintainable when the petitioners are not accused in the original order.
- Whether the Court can dismiss a Section 482 application as not pressed.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 354B, 506
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- Section 482
- quash order
- POCSO Act
- criminal procedure
- application dismissed
- not pressed
- impleadment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 3053 of 2022
Chand
.....Applicant(s)
Versus
State Of U. P.Through Principal Secretary Home
Gov. Of U.P. .....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Abhishek, learned counsel for the applicants and Sri Ajay
Singh, learned AGA-I for the State and perused the record.
3. The present application under Section 482 Cr.P.C. has been filed by the
applicants Chand, Mausin, Rashid and Mohd. Nazim, with the prayers to
quash the impugned order dated 31.08.2021 passed by Addl. District and
Session Judge/Special Court, POCSO Act, Court No.1, Meerut in Final
Report No. 1041 of 2019 arising out of case crime No. 148 of 2018, under
Section 354B, 506 IPC and Section 7/8 POCSO Act, P.S. Bhrampuri,
District Meerut as well as entire proceeding and with a further prayer to
stay the further proceeding of the aforesaid case, during the pendency of
the present application.
4. The present petition was initially filed for the accused Chand but
subsquently an application for impleadment dated 01.05.2024 was filed
with the prayer to implead three other persons as applicants and two
respondents which was allowed vide order dated 13.11.2025 in
compliance of which accused Mousin as the applicant no.2, Rashid as the
applicant no.3 and Mohd. Nazim as the applicant no.4 were impleaded
and Asmin as the opposite party no.3 and Smt. Nazreen as the opposite
party no.4 were impleaded.
5. During arguments this Court noticed that the applicant no.2/Mausin and
applicant no.3/Rashid are not accused in the matter and they have not
been summoned vide order dated 31.08.2021. On countering learned
counsel for the applicants about the said fact he submits that they have
been wrongly arrayed as applicants on the basis of an impleadment
application. He submits that the present application under Section 482
Cr.P.C. be dismissed as not pressed as he intends to file a better petition.
A482 No. 3053 of 2022
2
6. Prayer is allowed.
7. The application is dismissed as not pressed.
8. Pending application(s), if any, stand disposed of.
9. It is provided that prior notice of the better petition if filed shall be
served on learned counsel for the opposite party no.2 by learned counsel
for the applicants.
(Samit Gopal,J.)
May 12, 2026
M. ARIF/e-file
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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