Prayagraj, Uttar Pradesh: A Special Court under the Protection of Children from Sexual Offences (POCSO) Act has directed the Station House Officer (SHO) of Jhunsi Police Station to register a First Information Report (FIR) against Swami Avimukteshwaranand Saraswati over allegations of sexual abuse involving minor boys.
The order was passed by the court of Special Judge (POCSO Act) Vinod Kumar Chaurasia after reviewing an application filed by Ashutosh Brahmachari Maharaj and others. The application sought judicial direction for registration of a criminal case based on alleged offences under multiple sections of the Bharatiya Nyaya Sanhita (BNS) and the POCSO Act.
Court Proceedings and Legal Grounds
According to court records, the petition was moved under Section 173(4) of the Bharatiya Nyaya Sanhita (BNS), requesting a direction to the police to formally initiate criminal proceedings.
The petitioners alleged offences under Sections 69, 74, 75, 76, 79, and 109 of the BNS, which relate to various categories of sexual offences and abetment. Additionally, provisions under Sections 3, 5, 9, and 17 of the POCSO Act were cited.
Before issuing its order, the court examined preliminary evidence and recorded statements of the alleged victims — referred to as “batooks” at the Vidya Math Ashram.
After considering the submissions and statements, the court accepted the plea and directed the police to register an FIR and begin a formal investigation.
What Happens Next?
With the court’s directive, the Jhunsi Police Station is now required to register the FIR and conduct a detailed probe. The investigation may include:
- Recording statements of additional witnesses
- Medical and forensic examination (if required)
- Collection of documentary and digital evidence
- Questioning of the accused
Legal experts note that a court-ordered FIR under POCSO ensures mandatory police action, as the Act treats crimes against minors with stringent procedural safeguards.
Legal Significance
The POCSO Act provides strict provisions for offences involving minors and mandates time-bound investigations and trials. Courts are empowered to intervene when police fail to register cases despite complaints.
The involvement of sections under the Bharatiya Nyaya Sanhita — India’s newly implemented criminal code replacing the Indian Penal Code — adds further legal gravity to the case.
As of now, there has been no official statement from the accused regarding the allegations.
Background Context
Vidya Math Ashram, located in Prayagraj, reportedly houses young students undergoing religious education. The allegations pertain to incidents involving minor residents of the ashram.
Authorities have not yet disclosed further details pending the police investigation.
Note: The matter is currently under investigation. The accused is presumed innocent until proven guilty in a court of law.