Neutral Citation No. - 2025:AHC:20022 Court No. - 74 Case :- APPLICATION U/S 482 No. - 37600 of 2024 Applicant :- Arun Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicants as well as Sri Motil Lal, learned A.G.A. for the State and perused the record. 2. The present application has been filed by applicant to quash the entire proceedings as well as impugned summoning order dated 04.05.2024 passed by the learned Additional Session Judge/Special Judge, Exclusive Court (POCSO Act), Basti in warrant/Summon Case No. 160 of 2023 (Gurudas Vs. Arun Kumar) under Sections 354 Kha, 504, 506 IPC and 7/8 POCSO Act, P.S.- Nagar, District- Basti. 3. It is submitted by learned counsel for the applicants that the complaint so sought to be lodged by the opposite party no. 2, father of the victim, is nothing but the grossest misuse of the process of law particularly when totally false and frivolous allegations have been sought to be leveled with regard to outraging the modesty of the victim as with relation to an incident dated 11.08.2023, on 16.08.2023 an F.I.R. under Sections 279, 323, 504, 506 IPC was lodged by the applicant factual against the complainant faction and it is nothing but a counterblast in that regard and the applicant is innocent in this regard. He further submits that the order passed while summoning the applicant is a mechanical order without according reason prima facie coming to the conclusion in view of the law laid down and in direct in truth of mandate of the Hon'ble Apex Court in the case of Lallan Kumar Singh and others Vs. State of Maharashtra reported in 2022 LawSuit(SC) 1209. 4. Learned A.G.A. has opposed the application. According to him offencse are made out and there is no scope for interference. 5. Having heard learned counsel for the parties, I am of the opinion that first of all it is no doubt true that the Magistrate before summoning has to form a prima facie opinion which is in the present fact of the case are borne out as the Magistrate after reciting the statement so made under Sections 200 & 202 Cr.P.C. has also accorded its prima facie finding. 6. Accordingly, this application is dismissed. 7. At the stage, learned counsel for the applicant submits that a direction be issued for consideration of the bail. 8. Learned A.G.A. has no objection to the same. 9. Considering the same, the application stands disposed of requiring the court below to consider the bail application of the applicant with most expedition as per the law of land. Order Date :- 11.2.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad