Allahabad High Court
KAMLESH MAURYAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 of the BNSS is dismissed as not pressed.
Summary
The applicant Kamlesh Maurya filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash an order dated 5 September 2026 passed by the Additional Sessions Judge/Special Judge under the POCSO Act in a case involving alleged offences of rape, kidnapping and criminal intimidation. The order had dismissed an application to produce a medical practitioner’s ossification test report, which the applicant’s counsel argued was irrelevant because the victim’s date of birth was established from a high school certificate, and under Section 94 of the Juvenile Justice Act such a report holds no evidentiary value. After hearing arguments, the applicant’s counsel chose not to pursue the application further. Consequently, the High Court dismissed the Section 528 application on the ground that it was not pressed, while allowing the applicant liberty to file a suitable application before a competent court. The dismissal left the original order of the Special Judge unchanged.
Issues considered
- Whether the application under Section 528 of the BNSS to quash the order dismissing the ossification test report is maintainable.
- Whether the ossification test report is admissible evidence under Section 94 of the Juvenile Justice Act when the victim's date of birth is established by a school certificate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- Indian Penal Code — s. 376, 452, 506
- Juvenile Justice (Care and Protection of Children) Act — s. 94
Subjects
- Section 528
- Bharatiya Nagarik Suraksha Sanhita
- POCSO Act
- ossification test report
- admissibility of evidence
- Juvenile Justice Act
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40613 of 2026
Kamlesh Maurya
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Singh
Counsel for Opposite Party(s) : G.A.
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
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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