Uttarakhand High Court
C528/882/2024 on 23 July, 2025
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C-528 No. 882 of 2024
Hon'ble Ashish Naithani, J.
Mr. Yogesh Upadhyay, learned counsel for the Applicant.
2. Mr. N.S. Kanyal, learned A.G.A. for the State of
Uttarakhand.
3. The present Application under Section 528 of the Bharatiya
Nagrik Suraksha Sanhita, 2023, has been filed by the Applicant –
Ravi alias Ravindra with a prayer to quash the charge-sheet
dated 27.12.2022, the cognizance order dated 02.01.2023, and
the entire proceedings of Special Sessions Trial No. 01 of 2023,
“State vs. Ravi”, for offences punishable under Sections 376, 323,
504, and 506 of the Indian Penal Code, 1860 as well as under
Section 3/4 of the Protection of Children from Sexual Offences
Act, 2012, pending before the Court of the learned Additional
Sessions Judge (POCSO), Dehradun.
4. Along with the Application under Section 528 of B.N.S.S.,
2023, a joint Compounding Application (IA No. 1 of 2025, Paper
No. 26) has also been filed.
5. The learned State Counsel strongly objects to the
Compounding Application, submitting that POCSO provisions are
involved in the present matter, and therefore, the case is not
compoundable.
6. Admit.
7. List this case on 08.08.2025.
8. Till the next date of listing, as an interim measure, it is
directed that further proceedings of Special Sessions Trial No. 01
of 2023, titled “State vs. Ravi“, for offences punishable under
Sections 376, 323, 504, and 506 IPC and Section 3/4 of the
POCSO Act, 2012, pending before the Court of the learned
Additional Sessions Judge (POCSO), Dehradun, shall remain
stayed qua the present Applicant only.
(Ashish Naithani, J.)
23.07.2025
Shiksha
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