Allahabad High Court
VISHNUversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as not pressed.
Summary
The applicant Vishnu filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash an order dated 1 September 2026 passed by the Special Judge (POCSO Act)/Additional Sessions Judge in Kannauj. The order had added charges under IPC sections 363, 366, 376 and POCSO Act sections 3 and 4 at the judgment stage based on a supplementary charge sheet. The learned Additional Government Advocate noted that the order was based on the supplementary charge sheet. After hearing arguments, the applicant’s counsel chose not to pursue the application further. Consequently, the High Court dismissed the application as not pressed. The certified copy of the order was to be returned to the applicant’s counsel after retaining a xerox.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be entertained to quash the trial court’s order adding charges at the judgment stage
- Whether the addition of charges based on a supplementary charge sheet during judgment is procedurally valid
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 363, 366, 376
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- Section 528
- quash order
- POCSO Act
- criminal procedure
- application dismissed
- not pressed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39765 of 2026
Vishnu
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Srivastava, Sanjay Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Shri Sanjay Singh, learned counsel for the applicant and Shri Rahul Pandey,
learned brief holder for the State are present.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant to quash the order dated
1.9.2026 passed by Special Judge (POCSO Act)/Additional Sessions Judge,
Kannauj in Special Case No. 121 of 2019, arising out of case crime No. 64
of 2019, under Sections 363, 366, 376, I.P.C. and Section 3/4 of Protection
of Children from Sexual Offences Act, Police Station- Kotwali Tirwa,
District Kannauj, whereby charge has been added by the trial court.
Learned A.G.A. pointed out that the order dated 1.9.2026 has been passed on
the basis of supplementary charge sheet by the trial court during the trial at
the stage of judgment.
After some arguments, learned counsel for the applicant does not want to
press this application and the same may be dismissed as not pressed.
The instant application is dismissed as not pressed accordingly.
Office shall return the certified copy of the order to the learned counsel for
the applicant, after retaining a xerox of the same.
September 18, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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