Neutral Citation No. - 2025:AHC:68268 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2511 of 2025 Applicant :- Nitesh Alias Neetu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Vardhan Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Aditya Vardhan Singh, learned counsel appearing on behalf of applicant and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire proceeding as well as the impugned charge sheet dated 21.07.2024 and cognizance as well as summoning order dated 25.07.2024 in Session Trial no. 72/2024 arising out of Case Crime no. 277 of 2024 under Section 506 of IPC & Section 67 of IT Act, PS- Bahjoi, District Sambhal. 3. Learned counsel for the applicant while challenging the charge sheet dated 21.07.2024 through which applicant has been implicated only in pursuance to Section 506 of IPC and 67 of IT Act, submitted that since the name of the applicant has been surfaced only after confessional statement recorded by one co- accused i.e. Varish who transmitted the alleged message over the mobile phone of applicant but thereafter the same has been destroyed by the applicant himself which is apparent from the statement recorded at the behest of applicant when the entire mobile set has been destroyed by way of putting the same in a river and as such Section 506 IPC and section 67 IT Act is not attracted specifically against the applicant. 4. Per contra, learned AGA however, vehemently opposed the prayer as made in the application by way of rebutting the stand taken up by learned counsel for the applicant but at the same time it is not in dispute that the message which has been received by the applicant has never been either transmitted to some another device or person which may attract Section 67 of IT Act. 5. After hearing the rival submissions extended by learned counsel for the parties, it is crystal clear that no offence has been made out and the charge sheet preferred against the applicant will be a futile exercise once the sections, wherein the applicant has been implicated and cognizance of offence has been taken up by learned court of Special Judge, POCSO Act, Sambhal at Chandausi specifically against the applicant is not attracted, there is hardly any occasion arises to proceed with the case of the prosecution which is pending before learned court of Special Judge, POCSO Act, Sambhal at Chandausi in shape of Special Sessions Trial no. 72 of 2024 arising out of Case Crime no. 227 of 2024. By mere having the alleged message will not create any cause in favour of the prosecution to proceed against the applicant. 6. In the light of aforementioned observations and the specific documents appended along with instant application, no case is made out against the applicant specifically in pursuance to Section 506 of IPC and 67 of IT Act and as such entire proceeding arising out of Case Crime no. 277 of 2024 against the applicant only is hereby set aside. 7. The instant application stands allowed accordingly. Order Date :- 29.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad