Neutral Citation No. - 2025:AHC:87407 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14640 of 2025 Applicant :- Roshan Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dinesh Kumar Gupta,Raghawendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet no. 235 of 2024 dated 10.10.2024, cognizance/summoning order dated 18.10.2024 as well as the entire proceedings of Sessions Case No. 1364 of 2024 (State vs. Dheeraj Yadav and others) arising out of Case Crime No. 220 of 2024, under sections 96, 137(2), 127(4), 351(3) BNS and Section 16/17 of POCSO Act, P.S. Sahatwar, District- Ballia, pending in the court of learned Special Judge (POCSO Act), Court No. 8, Ballia as well as to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. It is further submitted by learned counsel appearing for applicant that the applicant has already been granted bail by coordinate Bench of this Court vide order dated 22.11.2024 passed in Criminal Misc. Bail Application No. 40169 of 2024. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, since the applicant has already been granted bail by coordinate Bench of this Court but no case is made out for challenging the entire proceedings which is already instituted in pursuance to the statement recorded by the prosecution side as well as on the basis of evidence and there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 6. In view thereof, the instant application stands disposed of. 7. However, the applicant will be at liberty to avail all the other legal remedies whatsoever available at law. Order Date :- 22.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad