Neutral Citation No. - 2025:AHC:45799 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9657 of 2025 Applicant :- Akabar And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd. Nasim Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Mohd. Nasim Ahmad, learned counsel for the applicants and learned AGA for the State. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 19.09.2024, cognizance order dated 27.11.2024, summoning order dated 13.12.2024 and the entire proceedings of S.T. No. 1337 of 2024 (State vs. Akabar & others) arising out of Case Crime No. 0126 of 2024, under sections 354-B, 323, 504, 506 I.P.C. and section 7/8 of POCSO Act, P.S. Ahraura, District-Mirzapur, pending in the Court of learned Special Judge (POCSO Act)/Additional Session Judge, Mirzapur as well as to stay the further proceedings of abovementioned case. 3. Certain contradictions have been pointed out in the statement made by the victim which culminated into preferring chargesheet in pursuance to Case Crime No. 126 of 2024 under Sections 354- B, 323, 504, 506 I.P.C. and Section 7/8 of POCSO Act. 4. Name of the father of victim was also highlighted by learned counsel for the applicants which has been changed and just for seeking certificate of the age from the concerned school and seeking benefit of attraction/implication of applicants under Section 7/8 of POCSO Act. 5. Learned counsel for the applicants also submitted that entire story whatsoever has been developed for framing case against the applicants is basically arising out of normal dispute, wherein the applicants were sought bail through submitting personal bond in pursuance to Sections 107, 116 and 151 Cr.P.C. It is also submitted by learned counsel for the applicants that the incident whatsoever has been stated by the victim herself is, on one hand, implication of certain person, but on other side, the name of certain accused have been dropped while stating the incident of dated 21.06.2024. 6. On these above grounds, the instant application has been preferred for challenging entire proceedings along with the chargesheet dated 19.09.2024 in Case Crime No. 126 of 2024 along with summoning order passed by learned Court of Special Judge, POCSO Act on dated 27.11.2024. 7. Per contra, learned AGA has vehemently opposed the prayer as made in the instant application by way of rebutting the stand taken up by learned counsel for the applicants and submitted that the age of the victim is not at all disputed and as such the implication of the applicants are justified under Section 7/8 of the POCSO Act along with other sections of IPC. 8. After hearing rival submissions extended by learned counsel for the parties, certain facts which has been sought to be carefully attended by this Court are crystal clear, as such, the statement recorded by victim under Section 164 Cr.P.C. is in fact narrating the incident of two dates i.e. with regard to 20.08.2024 and the date of incident has been narrated just a day after, meaning thereby date which is mentioned in the statement recorded by the victim under Section 164 Cr.P.C. be treated as 20.06.2024 and the date of incident which has been mentioned in the FIR is of 21.06.2024. If the same has to be compared with the statement recorded under Section 161 Cr.P.C. by the victim herself, the date of incident as stated is 21.06.2024 and there is hardly any contradiction in the same. 9. The argument raised by learned counsel for the applicants that the name of the father has been changed in due course of recording statement only for seeking the age certificate against the name of father which has been changed but at the same time, the name of the mother is the same one which is available over the certificate issued by concerned Principal of the institution. All the other grounds whatsoever has been taken through the instant application is amenable before the learned trial court to take consideration of entire grounds whatsoever has already been taken through the instant application at the time of providing proper opportunity while recording statements at the behest of the accused under Section 313 Cr.P.C. So far as compliance of summoning order dated 27.11.2024, it is fairly admitted by learned counsel for the applicants that the applicants never appeared before the learned court concerned. 10. 10. In view of the above, the appearance of both the applicants are required for expedite commencement of the trial in pursuance to summoning order dated 27.11.2024 passed by learned Special Judge (POCSO Act), Mirzapur and as such both the applicants are hereby directed to appear before the learned court concerned within one month from today, so that proceedings of trial may be initiated in accordance with law. 11. In view thereof, present application under section 528 BNSS stands dismissed. Order Date :- 2.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad