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2026 Supreme(All) 613

IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SHREE PRAKASH SINGH
Nanke @ Sahabuddin – Appellant
Versus
State of U.P. – Respondent


Advocates Appeared:
For the Appellant : Amar Singh
For the Respondent: Pawan Kumar Trivedi

JUDGMENT :

SHREE PRAKASH SINGH, J.

1. Short counter affidavit filed today by Mr. Pawan Kumar Trivedi, counsel for opposite party no. 2 is taken on record.

2. Heard Mr. Amar Singh, learned counsel for the applicants, Mr. Pawan Kumar Trivedi, learned counsel for opposite party no. 2, Mr Sushil Kumar Pandey, learned A.G.A. for the State and perused the records.

3. The present application has been filed with the prayer, to quash the impugned order 23.02.2026, passed by Learned Additional Session Judge/Special Judge (POCSO Act), District-Gonda, in Session Case No. 412/2021, arising out of F.I.R No./Case Crime No. 194 of 2020, Police Station-Paraspur, District-Gonda, by means of which the charge for the offences punishable under section 376 DA I.P.C and 5 (g)/6 POCSO Act was proposed to be framed and further applicants were directed to appear before the Learned Trial Court and to obtain bail, as contained in Annexure No. 1 to this petition, in the interest of justice.

4. The contentions put forth by learned counsel appearing for the applicants is that the First Information Report (FIR) was lodged on 02/08/2020 by the opposite party no. 2, bearing FIR no. 0194/2020, under sections 354(ka) and

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