State Of U.P. Thru. Secy. Home Deptt. Lko. vs Shubham Srivastava And 3 Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(All) 724

IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Hon'ble Rajnish Kumar,J. and Hon'ble Babita Rani,J.
State Of U.P. Thru. Secy. Home Deptt. Lko. – Appellant
Versus
Shubham Srivastava And 3 Others – Respondent

Advocates:
Petitioner: G.A.
Respondent:

JUDGMENT :

Babita Rani, J.

1. Heard learned Additional Government Advocate for the State-applicant.

2. Prayer in this instant criminal miscellaneous application filed by state under Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC' for brevity), is to seek leave to appeal against the impugned order and judgement of acquittal of sole respondent (hereinafter referred to as 'accused') passed by the learned Trial Court in Sessions Trial No. 50/2020, arising out of Case Crime Number 293/2020, under Sections 377, 504, 506 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for brevity) and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO' for brevity), in Police Station, Kotwali Nagar, District, Faizabad.

3. Brief facts of the case relevant for the purpose of disposal of this application are that on 15.04.2020 at about 20:58 hours, the First Information Report bearing number 293/2020 was registered against the accused in Police Station, Kotwali Nagar, Ayodhya, under Sections 377/504/506 of IPC and Section 3/4 of POCSO, on the basis of the written tehrir Ex.Ka.1 submitted by the informant,