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Neutral Citation No. - 2025:AHC:111003 Court No. - 77 Case :- APPLICATION U/S 482 No. - 39363 of 2024 Applicant :- Arvind Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. Even after service of notice, none appeared on behalf of opposite party no.4 in revised call.
2. The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet no.164 of 2024 dated 20.07.2024, cognizance/summoning order dated 20.07.2024 as well as the entire proceedings of Case No.211 of 2024 (State vs. Arvind) arising out of Case Crime No.123 of 2024, under section 363 I.P.C. and sections 16/17 of POCSO Act, P.S. Shahi, District- Bareilly, pending in the court of learned Special Judge, POCSO Act, Bareilly.
3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court.
4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is amenable before learned trial court and as such prima- facie offence has been made out against the applicant. It is further submitted that applicant has already been granted bail and as such there is hardly any impediment available before applicant to co- operate with learned trial court.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no
illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant.
6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed.
7. However, the applicant will be at liberty to avail all the other legal remedies available at law. Order Date :- 10.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad