Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 2420 of 2025 Applicant :- Jitendra @ Jeetu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gagan Pratap Singh,Rohit Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Gagan Pratap Singh, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. Applicant- Jitendra @ Jeetu 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 kindly be pleased to allow the application and setting aside the impugned order dated 15.10.2024 passed by the learned Additional Sessions Judge/ Additional Special Judge (POCSO Act), Room No.2, Mathura in Sessions Trial No.1280 of 2022 (State Vs. Jitendra @ Jeetu arising out of Case Crime No.898 of 2022, Under Section 363, 366, 376 I.P.C. & Section 3/4 Protection of Children from Sexual Offence, 2012, Police Station Highway, District Mathura. It is further prayed that till the final disposal of the present application before this Hon'ble Court the entirefurther proceedings in pursuance of the impugned order dated 15.10.2024 passed by the learned Additional Sessions Judge/ Additional Special Judge (POCSO Act), Room No.2, Mathura in Sessions Trial No.1280 of 2022 (State Vs. Jitendra @ Jeetu) arising out of Case Crime No.898 of 2022, Under Section 363, 366, 376 I.P.C. & Section 3/4 Protection" At the very outset, the learned A.G.A. submits that in view of the provisions contained in section 94 of the The Juvenile Justice (Care and Protection of Children) Act, 2015, no illegality can be attached to the order impugned. It is further contended by the learned A.G.A. that Section A, B and C of Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015 applies in preferential manner. He, therefore submits that since the High School certificate is on record, therefore, provisions contained under section 94-B and 94-C cannot be resorted to. As such, once the High School certificate of the prosecutrix is available on record, no medical determination of age of prosecutrix is required. As such, prayer made by applicant before Court below was wholly misconceived. In view of above, no interference is warranted by this Court. When confronted with above, the learned counsel for applicant could not overcome the same. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicant, with reference to the record at this stage. As such, no good ground exists to entertain the present application. In view of above, this application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 4.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad