Neutral Citation No. - 2025:AHC-LKO:39312 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 693 of 2025 Applicant :- Dileram Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Mohd. Tabrez Iqbal,Saima Mahmood Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Tabrez Iqbal, the learned counsel for the applicant and Sri Avishesh Kumar Singh,the learned A.G.A appearing on behalf of the State. 2. By means of the present application filed under Section 528 BNSS, the applicant has challenged the validity of the summoning order dated 16.06.2025 passed by the Additional Session Judge/Special Judge(exclusively POCSO Act), Shrawasti, in Bail Application No. 403 of 2025, "Ashok Kumar Vs. State of U.P. an others", whereby the trial court has rejected an application for release of the accused- Ashok Kumar on bail and at the same time has ordered registration of an FIR against the applicant for submitting forged documents before the Court. 3. Assailing the validity of the direction issued by the trial court for registration of the FIR against the applicant, the learned counsel for the applicant has submitted that Section 379 of Bharatiya Nagarik Suraksha Sanhita (BNSS) provides that," in case any Court is of opinion that an inquiry should be made into an offence referred to him in clause (b) of sub-section (1) of section 215, which appears to have been committed in relation to a proceeding in the Court or in respect of a document produced or given an evidence in a proceeding in that Court, the Court may hold a preliminary inquiry, record a finding to this effect, make a complaint thereof in writing and send the same to a Magistrate of the first class having jurisdiction. The Court may also take security for appearance of the accused before such Magistrate." 4. The learned counsel for the applicant has submitted that Section 379 BNSS does not contemplate registration of an FIR for filing any document in the Court. 5. Although, the learned AGA has opposed the application, he could not dispute the aforesaid statutory provision and he has fairly conceded that the trial court ought to have followed the procedure laid down in Section 379 of BNSS. 6. Accordingly, the present application is allowed. The order dated 16.06.2025 passed by the Additional Session Judge/Special Judge (exclusively POCSO Act), Shrawasti, in Bail Application No. 403 of 2025 is set aside only to the extent it directs registration of an FIR against the applicant for submitting some forged documents. The trial court is directed to proceed afresh for registration of complaint keeping in view the statutory provision contained in Section 379 BNSS expeditiously. (Subhash Vidyarthi,J.) Order Date :- 10.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench