Neutral Citation No. - 2025:AHC:16832 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 3475 of 2025 Applicant :- Vishwajeet Minor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused material on record. 2. The instant application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No.116 of 2024, titled State v. Vishwajeet & Ors, arising out of Case Crime No.848 of 2024 and Section 67 of Information Technology Act, P.S. Civil Lines, District Moradabad, pending in the Court of learned Juvenile Justice Board, Moradabad. 3. Learned counsel for the applicant submits that the applicant is a student of class 9th, and he has been falsely implicated in the instant case at the behest of the complainant. The allegations made in the FIR are false and concocted. The applicant has neither recorded any video or circulated the same to any social media account. There is no video or incriminating material surfaced during the investigation. The police, merely on the complainant's statement, has filed a charge sheet in contravention of the law. 4. Per contra, learned A.G.A. has opposed the application and submits that there are serious allegations against the applicant that he has made vulgar photo of her teacher through A.I. and circulated the same on Instagram group of other students. Further, he has drawn the attention to the statement of the Principal of the school, who has endorsed the complainant's version. 5. After hearing learned counsel for the applicant, the statement of the Principal of the school where the applicant was studying, and having perused the material available on record, it prima facie established that the applicant has made vulgar photo of her photo through A.I. and circulated it on different groups of Instagram, which satisfies the provisions of Section 67 of the Information Technology Act. Therefore, no case for quashing of impugned proceedings is made out. 6. So far as the submissions raised by learned counsel for the applicant is concerned, it call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record, it can also not be held that the impugned criminal proceedings are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly, no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order so as to warrant any interference by this Court in the exercise of powers u/s 482 Cr.P.C. 7. In view of the aforesaid, the instant application is devoid of merit and is accordingly dismissed. Order Date :- 5.2.2025/A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad