Neutral Citation No. - 2025:AHC:43850 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9273 of 2025 Applicant :- Mehboob Ali Khan @ Shahid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ekansh Varma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ekansh Varma, learned counsel for applicant and learned AGA for the State. 2. The instant application has been preferred with the prayer to quash the entire proceeding of S.C. no. 151 of 2025 (State versus Mehboob Ali Khan @ Shahid) under Section 7/8 POCSO Act and Section 75(2) of BNSS, Police Station- Kotwali, District- Moradabad pending in the court of learned Special Judge, POCSO Act, Court no. 1, Moradabad, Impugned charge sheet no. 172 of 2024 dated 26.12.2024 arising out of FIR dated 06.12.2024 bearing Case Crime no. 0185 of 2024 under Section 7/8 POCSO Act and Section 74 of BNSS, Police Station- Kotwali, District- Moradabad and the impugned summoning order dated 28.01.2025 passed by learned Special Judge, POCSO Act, Court no. 1, Moradabad in S.C. no. 151 of 2025 (State vs. Mehboob Ali Khan @ Shahid under Section 7/8 POCSO Act and Section 75(2) of BNSS, Police Station-Kotwali, District Moradabad. 3. Learned counsel for applicant submitted that opposite party no. 2 who is neighbor of applicant, lodged a FIR on dated 06.12.2024 bearing Case Crime no. 0185 of 2024 under Section 7/8 POCSO Act and Section 74 of BNSS with the allegation that applicant molested minor daughter of opposite party no. 2. After recording statements of victim, informant and other witnesses and concluding the investigation, concerned Investigating Officer submitted charge sheet no. 172 of 2024 on dated 26.12.2024 whereupon learned court concerned passed the impugned summoning order dated 28.01.2025 which has been challenged through the instant petition. 4. Learned counsel for applicant challenged the impugned summoning order on the ground that the same has been passed without application of mind and is based on presumption. It is next submitted that applicant is aged about 70 years and is ailing with severe medical conditions and this fabricated case created a great loss to him. He has no other criminal history and as such aforesaid prayer has been sought. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 6. Be that as it may, without interfering into the merits of the matter and only considering the age of the accused-applicant, learned trial court concerned is hereby directed to proceed with the trial wherein charge sheet has already been preferred and cognizance has already been taken up vide order dated 28.01.2025 but at the same time it is made clear that the applicant will be permitted cooperate with the proceeding initiated in pursuance to Case no. 151 of 2025 arising out of Case Crime no. 185 of 2024 through his counsel. As per the procedure, as and when the personal appearance will be required, the same shall be intimated to the applicant through his counsel and he shall ensure his presence on the specific dates which will be fixed by learned court concerned. 7. With the aforesaid direction, the instant application stands disposed of accordingly. Order Date :- 24.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad