Neutral Citation No. - 2025:AHC:47958 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10601 of 2025 Applicant :- Balram Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mansoor Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Mansoor Ahmad, learned counsel for applicant and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire proceeding initiated against the applicant arising out of Session Case no. 81 of 2025 (State vs. Balram Yadav) relating to Case Crime no. 179 of 2024 under sections 354, 452, 506 IPC and Section 7/8 of POCSO Act, Police Station Gauri Bazar, District Deoria (CNR no. UPDE010005102025) pending in the court of learned Special Judge POCSO Act, Court no. 1, Deoria and quash the impugned charge sheet no. A-281/2024 dated 15.08.2024 (annexure no. 1) submitted by police in Case Crime no. 179 of 2024 as well as quash the impugned cognizance-cum-summoning order dated 04.02.2025 (Annexure no. 2) passed by learned Special Judge, POCSO Act, Court no. 1, Deoria against the applicant in aforesaid case. 3. Learned counsel for applicant submitted that applicant has falsely been implicated in the present case by the informant on the basis of false and concocted story and therefore, the allegations made against applicant are not tenable. He further submitted that during investigation, the Investigating Officer did not conduct proper and fair investigation of the aforesaid case and only relying on the prosecution version, submitted impugned charge sheet against the applicant. Without collecting any material evidence, the concerned Investigating Officer submitted charge sheet mechanically whereupon, without applying its judicial mind, learned court concerned has taken cognizance by the order impugned and as such, the same may be quashed. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and submitted that after conducting the detailed inquiry, charge sheet has been submitted by the concerned Investigating Officer whereupon considering the material on record, learned trial court taken cognizance and as such, there is no illegality in the order impugned. 5. Be that as it may, since the applicant is having liberty to prefer discharge application before the learned court concerned taking all pleas and grounds, which are available to him, therefore, he should approach the learned court concerned by way of filing discharge application. 6. Accordingly, without entering into the merits of the issue, the present application is disposed of finally permitting the applicant to prefer discharge application before the learned court concerned taking all pleas and grounds, which are available to him, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application. If such application be filed by applicant before the learned court concerned at appropriate stage, the court concerned shall consider and decide the said application, strictly in accordance with law, by speaking and reasoned order and by affording proper opportunity of hearing to the concerning parties and pass appropriate order expeditiously. Order Date :- 3.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad