New Delhi: A special POCSO court in Prayagraj has ordered the registration of an FIR against religious figures Avimukteshwaranand and Mukundanand Brahmachari following grave allegations of sexual penetrative assault against minors.
The order, delivered by Additional Sessions Judge Vinod Kumar Chaurasia Saturday reiterated the mandatory obligation of the state to investigate serious cognisable offences, particularly those involving the Protection of Children from Sexual Offences (POCSO) Act.
Avimukteshwaranand is a resident of Paramhansi Ganga Ashram, Narsinhapur, Madhya Pradesh and Mukundanand Brahmachari of Sheshnath Ashram, Badrinath Dham, Uttarakhand.
The legal proceedings were initiated by the complainant—Ashutosh Brahmachari Maharaj—who approached the court on behalf of two victims, identified in the order as ‘Victim A’ (aged 14) and ‘Victim B’ (aged 17 years and 6 months).
The two minor victims disclosed to the complainant that they were subjected to sexual abuse and penetrative sexual assault during the Magh Mela of 2025–26 in Prayagraj.
The application filed under Section 173(4) of the BNSS has categorically alleged that the acts so complained of amount to penetrative sexual assault upon the victims.
Also, the court noted that these acts were “committed under the guise of religious service and discipleship” by the two religious leaders. and two to three other unknown individuals.
The complaint further alleged that, in addition to the named religious leaders, two to three unidentified persons were involved in the incident, and that their identity and role need investigation
When the local Jhunsi police station in Prayagraj district did not register an FIR, and the Prayagraj Commissioner of Police did not take any action, complainant Ashutosh Brahmachari Maharaj approached the court on behalf of the two minor victims.
On the court’s directions on 7 February, to the Commissioner of Police, Prayagraj, an inquiry report on the facts of the case was submitted by the Additional Commissioner of Police, Prayagraj.
The report stated that during the course of inquiry, independent witnesses as well as Victim ‘A’ and Victim ‘B’ were examined, and they told the enquiry officer about the sexual assault which allegedly occurred on or around 18 January.
In totality, the court found that the allegations against Avimukteshwaranand and Mukundanand Brahmachari were serious.
The court also ordered the Special Court to ensure that the identity of the child is not disclosed at any time during the course of investigation or trial.
ANI reported the complainant’s lawyers as saying: “Today the court has ordered the registration of an FIR against heinous criminals like Avimukteshwaranand and his disciple Mukundananda, and this order has been issued for those minor children. At first glance, we have received justice.”
This ordering of an FIR, comes under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which gives the Magistrate/Special Court the discretion to examine the allegations, the material on record and pass appropriate orders in accordance with law, not necessarily the registration of an FIR. In essence, the Court is legally empowered to adopt the course of treating the application as a complaint where the circumstances justify.
(Edited by Viny Mishra)