HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6795 of 2022 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to quash the charge- sheet dated 27.10.2021 as well as the entire proceeding of session trial no. 1279 of 2021 titled as "State versus Ali Hasan @Mohd. Aamir and another's" arising out of case crime no. 0081 of 2021 under Sections 34/323, 34/504, 34/506, 34/354, 376 D of IPC and Sections 9(G) 10, 5(G)/6 of POSCO Act, relating to Police Station- Hatigawa, District- Pratapgarh and to quash the impugned summoning order dated 16.12.2021 passed by learned Court of Special Court (POSCO Act) Pratapgarh in session trial no. 1279 of 2021. Against the order dated 16-12-2021 passed by the learned Court of Special Court(POCSO Act), Pratapgarh in Sessions Trial No. 1279 of 2021, an application under section 482 Cr.P.C. bearing no. 11297 of 2024, was instituted by one of the co-accused namely, Asad Ullah, wherein this court has passed the following order on 19-12-2024 :- "1. Heard. 2. The instant application has been filed for quashing the charge-sheet dated 27.10.2021 as well as the entire proceeding of session trial no. 1279 of 2021 titled as "State versus Ali Hasan @Mohd. Aamir and anothers" arising out of case crime no. 0081 of 2021 under Sections 34/323, 34/504, 34/506, 34/354, 376D IPC and Sections 9(G) 10, 5(G) / 6 POSCO Act, relating to Police Station- Hatigawa, District- Pratapgarh; to quash the impugned summoning order dated 16.12.2021 and N.B.W order dated 12.06.2024 passed by learned Court of Special Court (POSCO Act) Pratapgarh in session trial no. 1279 of 2021. 3. Learned counsel for the applicant submits that on the basis of incorrect facts, the F.I.R. of the case in question was lodged, thereafter, the charge- sheet was submitted by the Investigating Officer for the offense u/s 323, 504, 506, 354, 7/8 of P.O.C.S.O. Act, but learned trial Court took cognizance and Versus Counsel for Applicant(s) : Diwakar Shukla, Gyanoday Shukla, Vikas Sharma Counsel for Opposite Party(s) : G.A. Ali Hasan Alias Mohd. Amir .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) issued summons u/s 34/323, 34/504, 34/506, 34/354, 376-D I.P.C., Section 9(g)10, 5(g)/6 of P.O.C.S.O. Act. Relying on the decision of Hon'ble Apex Court passed in the case of State of Gujarat Vs. Girish Radhakrishnan Varde reported in 2014 SCC 3 659, learned counsel for the applicant further submits that at the time of taking cognizance and issuing summons, no additional section can be added by learned trial Court, hence, the summoning order dated 16.12.2021 was passed by violating the law laid down by Hon'ble Apex Court in the aforesaid case. 4. Learned A.G.A. vehemently opposes the prayer of applicant and submits that the charge-sheet has already been submitted for the offense u/s 323, 504, 506, 354, 7/8 of P.O.C.S.O. Act, but summoning order was issued for the offense u/s 34/323, 34/504, 34/506, 34/354, 376-D I.P.C., Section 9(g)10, 5(g)/6 of P.O.C.S.O. Act. 5. Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of application, the impugned order, judgement relied by learned counsel for the applicant as well as other relevant documents, it is evident that admittedly, the charge-sheet has already been submitted for the offense u/s 323, 504, 506, 354, 7/8 of P.O.C.S.O. Act, but cognizance was taken by learned trial Court and summoning order was issued for the offense u/s 34/323, 34/504, 34/506, 34/354, 376-D I.P.C., Section 9(g)10, 5(g)/6 of P.O.C.S.O. Act. Hon'ble Apex Court in the aforesaid relied judgement has categorically observed that the at the time of taking cognizance and issuance of summons, no other sections can be added except as mentioned in the charge-sheet. Therefore, with the consent of learned counsel for the parties, the impugned summoning order dated 16.12.2021 is hereby set aside with liberty to learned trial Court to pass fresh order in accordance with law. 6. With above directions, this application is allowed. 7. The officer present today need not to appear until further order." While passing the aforesaid order, the summoning order dated 16-12- 2021, has been set aside and the matter was remitted back to the trial court concerned to pass a fresh order. The relief which was sought in the application under section 482 Cr.P.C. bearing no. 11297 of 2024, has also been sought in the present application, though the same has already been granted and the same impugned order has been set aside, thus, the instant application is hereby disposed of in terms of the order passed by the coordinate Bench of this court dated 19-12-2024 in the application under section 482 Cr.P.C. bearing no. 11297 of 2024. Consigned to records. September 11, 2025 AKS A482 No. 6795 of 2022 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench