HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 945 of 2015 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant as well as the learned A.G.A. and perused the record. 2. None is present for the complainant nor any request of adjournment has been made on his behalf, though notice is duly served on him. 3. The applicant prays for the following reliefs: “For the reasons and circumstances as stated in the accompanying affidavit it is most respectfully prayed before this Honble court that it may kindly be pleased to quash the order dated 14.11.2014 passed by Additional Session Judge Court No. 7 Gonda in criminal miscellanies case no. 12/14, Ram Shankar v/s bhukhal, U/S -376 I.P.C.& 3/4 POCSO Act by means of which Learned Additional Session Judge court no.-7 Gonda has summoned the applicant to appear in those section and also quash the entire proceeding of complaint case no.- 12/14 Ram Shankar v/s Bhukhal, pending in the aforesaid court, in the interest of the justice. It is further prayed that this Hon'ble court may also be pleased to stay further proceeding in aforesaid complainant case no.- 12/14 Ram Shankar v/s Bhukhal pending in the court of Learned Additional session judge court no.-7 Gonda during the Versus Counsel for Applicant(s) : Manoj Kumar Misra Counsel for Opposite Party(s) : Govt. Advocate, Naveen Kumar Pandey Bhukhal .....Applicant(s) The State Of U.P And Anr. .....Opposite Party(s) pendency of this petition in the interest of the justice. Any other remedy or relief as this Hon'ble court deems fit and proper under circumstances of the case may also be passed in favor of the applicant in the of the justice.” 4. It has been submitted by learned counsel for the applicant that for summoning the accused-applicant there is no medical report available on record, and the applicant has been summoned only on the basis of statements of the complainant and the prosecutrix. He has further submitted that there is no age proof of the victim to implicate him under the POCSO Act. He has also submitted that other witnesses have not been called by the court below to ascertain the allegations, and there is no proof of penetration in private part of the body of the victim, and unless such fact is ascertained, it cannot be said that an offense is made out. He also submitted that neither a medical report has been produced nor the doctor been examined before issuance of summons. He also submitted that the court below has not applied its mind while issuing summons, therefore, the order passed by the court below issuing summons is liable to be set aside. 5. On the other hand, learned Additional Government Advocate has submitted that statements of the complainant, who is the father of the victim, under Section 200 of the Cr.P.C., his wife and his daughter, who is the victim, have been recorded under Section 200 and 202, Cr.P.C. They have categorically leveled allegations of rape against the applicant, therefore, it cannot be said that the offence is not made. He has further submitted that this court cannot hold a mini-trial. Once statements under Sections 200 and 202 of the Cr.P.C. are available, the court below has passed the order for issuance of summons to the applicant, and there is no illegality or infirmity in the said order. He has also submitted that only the statement of the victim itself is sufficient for conviction, therefore, at this juncture, no interference of this court is warranted. 6. After hearing the arguments of learned counsel for the parties and going through the record, this court finds that the statement of the complainant, who is the father of the victim, under Section 200 Cr.P.C. A482 No. 945 of 2015 2 and the statement of the victim under Section 202 Cr.P.C., as well as the statement of the mother of the victim under Section 202 Cr.P.C., have been seen by the court below, and after applying its mind, the court below has come to the conclusion that there are allegations of rape against the applicant, therefore, summons have been issued. There is no illegality or infirmity in the summoning order. The application is devoid of merit and the same is accordingly dismissed. 7. Office to communicate the order to the trial court forthwith. November 12, 2025 A.Nigam A482 No. 945 of 2015 3 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench