Neutral Citation No. - 2025:AHC-LKO:26788 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 398 of 2025 Applicant :- Surgutti @ Sabbir Thru. His Father Jabir Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Umesh Chandra Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Shri Umesh Chandra Vishwakarma, learned counsel for applicant, learned A.G.A. for the State and perused the material available on record. 2. By means of the present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, (482 Cr.P.C.) the applicant has has challenged the summoning order dated 11.03.2025 passed by learned Special Judge (Protection of Children from Sexual Offences Act, 2012) whereby the applicant has been summoned in Complaint Case No. 137 of 2024, under Sections 70 (2), 351 (2) of the BNS and Section 5g(6) of the Protection of Children from Sexual Offences Act, 2012, Police Station Biswan, District Sitapur. 3. It has been submitted by learned counsel for applicant that a complaint was registered by opposite party no. 2 alleging therein that on 14.08.2024 at about 4:00 p.m., the minor prosecutrix aged about 14 years had gone out of the house for the purpose of cutting of the grain and also had gone for cutting certain grass for the purpose of fodder where the applicant reached and forcibly committed sexual assault upon the prosecutrix after putting clothes on her mouth so that she could not scream. The prosecutrix was also assaulted with sickle (hasiya). The prosecutrix started crying and shouting due to which the incident was noticed by other persons and thereafter the complaint was registered and statement of recorded under Section 223 of the Bhartiya Nagarik Suraksha Sanhita, 2023 and notices were issued to the accused who is the applicant in the said case. After considering the entire facts, impugned summoning order has been passed against the applicant. 4. The only prayer made by learned counsel for applicant is for a direction to the trial court for grant of expeditious disposal of bail. 5. Considering the aforesaid submission, no ground for interference is made out against the applicant. The trial court has duly considered the entire material available on record, which has come up in the statement recorded under Section 223 of the Bhartiya Nagarik Suraksha Sanhita, 2023 and even the applicant was given an opportunity of hearing. 6. In light of the above, no ground is made out. The application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 being devoid of merits and is accordingly dismissed. . (Alok Mathur, J.) Order Date :- 7.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench