Neutral Citation No. - 2025:AHC-LKO:36473 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5118 of 2025 Applicant :- Ankit Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Ram Chandra Dwivedi,Uday Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. The present application has been filed for the following relief: "wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to pass an order allowing the petition quashing the proceedings in respect of the petitioner of the S.T. No.1090/2024 and impugned summoning order dated 18.05.2024 passed by the Special Court (S.C/S.T) Act/Additional District and Sessions Judge, Court No.2, Unnao by means of which the petitioner has summoned under Section 67-A and charge sheet no.01 of 2024, dated 16.04.2024 arising out from the FIR/Case Crime No.48/2024, under sections 376 IPC., 3(2)(V) SC/ST Act & 67-A I.T.Act, Police Station Behtamujawar, District Unnao, State versus Deepak Dwivedi & another." It is submitted that in this applicant is an innocent and has not committed any offence. Only on the basis of recovery of mobile phone, he was implicated in the present case by the police under Section 67A of I.T.Act. He also submitted that he never made viral obscene video and the photographs and there is no any material on the part to show that he made viral obscene video from his mobile phone, therefore request to quash the entire proceedings of the case, including charge sheet as well as order of cognizance. Learned A.G.A. opposed the aforesaid prayer. Considering the facts and circumstances of the case and submission made by learned counsel for applicant as well as learned A.G.A., it appears that mobile phone of the applicant was recovered by the police during the course of investigation and when it was examined, obscene video was also found in the mobile phone which was seen by the Investigating Officer and also it was found that obscene video was made viral by using Bluetooth. On the basis of aforesaid material, it cannot be said that offence under Section 67-A I.T Act is not made out against the applicant. In this way, there is no ground to allow the present application. On the other hand, he will move discharge application at appropriate stage before the learned court below, which shall be heard and decided in accordance with law. Accordingly, present application is disposed of finally. Order Date :- 26.6.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench