Neutral Citation No. - 2025:AHC:5774 Court No. - 71 Case :- APPLICATION U/S 482 No. - 32787 of 2024 Applicant :- Amit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Garun Pal Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Amit Kumar who is a charge sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer: "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and set aside the impugned order dated 04.12.2023 passed by court of learned Additional Session Judge/Special Judge (POCSO Act), Court No.1, Mathura in Session Case No.1279 of 2022 (State Vs. Amit), arising out of Case Crime No.485 of 2022, U/S 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Kosi Kalan, District Mathura, in the interest of justice and all consequential proceedings thereon. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of Session Case No.1279 of 2022 (State Vs. Amit), arising out of Case Crime No.485 of 2022, U/s 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Kosi Kalan, District Mathura, during the pendency of the present application before this Hon'ble Court, in the interest of justice." 4. On the matter being taken up, the learned A.G.A. submits that notice of this application has been served upon first informant/opposite party-2 on 24.6.2024. However, inspite of service of notice neither any counter affidavit has been filed by first informant/opposite party-2 nor anyone has put in appearance on his behalf to oppose this application even in revised call. 5. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that application dated 08.05.2023 (Paper No.14 Kha) filed by accused-applicant before the court below for medical determination of age of applicant was wholly misconceived as there exists the High School Certificate of the prosecutrix. Referring to the provisions contained in Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, learned AGA submits that once the High School Certificate of the prosecutrix is available no further enquiry is required to be conducted by court below to ascertain the date of birth of the prosecutrix. Learned AGA has then referred to the judgment of Supreme Court in Sanjeev Kumar Gupta Vs. State of U.P. (2019) 12 SCC 370. With reference to above he submits that in the absence of any such document which is in existence prior to the High School Certificate of the prosecutrix and wherein the date of birth of prosecutrix is differently recorded, the date of birth of the prosecutrix recorded in the High School Certificate cannot be contradicted with reference to the same. As such, no illegality has been committed by court below in passing the order impugned. Learned AGA thus concludes that no interference is warranted by this Court in present application. 6. When confronted with above, the learned counsel for applicant could not overcome the same. 7. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application under Section 482 Cr.P.C. is not only clearly borne out from the record but further more the same could not be dislodged by the learned counsel for applicants. 8. In view of above, no good ground exists to entertain the present application. As a result this applicant fails and is liable to be dismissed. 9. It is accordingly dismissed. Order Date :- 6.1.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad