Neutral Citation No. - 2025:AHC:20786 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4212 of 2025 Applicant :- Mujhipar Alias Mujifar Rahman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sadaful Islam Jafri Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and the learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of Charge-Sheet No. 381/24, dated 10.09.2024, the cognizance/summoning order dated 30.10.2024, as well as the entire proceedings of Session Case No. 1057 of 2024, titled State v. Mujhipar @ Mujifar & Others, arising out of Case Crime No. 408 of 2024, registered under Sections 137(2) and 352 of the Bharatiya Nyaya Sanhita, along with Sections 5(M)/6 of the Protection of Children from Sexual Offences (POCSO) Act, at Police Station Mundapandey, District Moradabad, pending trial before the Court of Special Judge, POCSO Act, Court No. 1, Moradabad. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case at the instance of the victim's father, allegedly due to the applicant's refusal to give a statement in his favour. The victim's father is a history-sheeter. It is further argued that the medical report does not indicate any injury, and there exist material contradictions and inconsistencies between the statement recorded by the police under Section 180 B.N.S.S. and the statement recorded before the Magistrate under Section 183 B.N.S.S. 4. Per contra, learned A.G.A. has drawn the Court's attention to the statement recorded before the Magistrate under Section 183 B.N.S.S., wherein specific allegations have been leveled against the applicant. It is submitted that the victim, being a minor of seven years of age, has made direct allegations, and the contentions raised by the applicant's counsel amount to a mere defense, which cannot be adjudicated at this stage. 5. In the instant matter, the submissions raised by learned counsel for the applicant 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 proceeding 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 exercise of powers u/s 482 Cr.P.C. Further on examination of the contents of FIR, statement recorded by the police under Section 180 BNSS and Magistrate under Section 183 BNSS, prima facie, the ingredients of offence under Sections 137(2), 352 B.N.S. and Section 5(M)/6 of POCSO Act, are made out. The victim is a seven year old boy and there are specific allegation against the applicant. 6. The application u/s 482 Cr.P.C. is devoid of merit and it is accordingly dismissed. Order Date :- 13.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad