Neutral Citation No. - 2025:AHC-LKO:34697 Court No. - 5 Case :- APPLICATION U/S 482 No. - 4790 of 2025 Applicant :- Neeraj Kumar Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Durgendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard Shri Durgendra Kumar Tiwari, learned counsel appearing for the applicant and learned Additional Government Advocate appearing for the State. 2. The instant application under Section 482 Cr.P.C./528 B.N.S.S., 2023 has been filed challenging therein, the order dated 28.04.2025, passed by the learned Additional Sessions Judge/Special Judge, POCSO Act, Court No.44, Barabanki in Sessions Case No.1007 of 2024 whereby, the non-bailable warrant had been issued for ensuring the presence of the applicant before the learned trial court. 3. It has been contended on behalf of the applicant that initially, the charge-sheet was filed against the applicant but the provisions of the POCSO Act were not made applicable for the reason that in the F.I.R. itself, it is stated that the victim on the date of incident was about 18 years of age. It has further been contended that later on, a high school mark-sheet, allegedly of the victim, had been produced before the learned trial court and on the basis of that marksheet, age of the victim has been shown as 17 1/2 years. 4. Learned counsel appearing for the applicant has argued that once, at the time of registration of the F.I.R., the informant himself had stated that the victim was aged about 18 years, there is hardly any possibility for applying the provisions of the POCSO Act, against the applicant. 5. In view of the aforesaid submissions made by learned counsel appearing for the applicant, this application is finally disposed of with liberty to the applicant to appear through counsel before the learned trial court and file an application for recall of the order dated 28.04.2025 within a period of 15 days from today. 6. It is further provided that if, the application for recall of order dated 28.04.2025 is filed by the applicant within a period of 15 days from today, the execution of the non-bailable warrant issued against him shall remain in abeyance till the learned trial court decides the said application. Order Date :- 5.6.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench