Neutral Citation No. - 2025:AHC:49982 Court No. - 74 Case :- APPLICATION U/S 482 No. - 9254 of 2024 Applicant :- Phoolchand Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prabhat Kumar Singh,Rajat Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present petition has been preferred with the following prayer:- "...to quash/stay the effect and operation of impugned order dated 12.01.2024 passed by Special Judge (POCSO Act), Court no. 8, Ballia, District Ballia on the application of the complainant/informant being Application Paper no. 16- B filed in Special Sessions Trial no. 177 of 2019 (State vs. Aniruddh and others) arising out of Case Crime no. 201 of 2018, under sections 147, 148, 149, 302, 504, 506 IPC and Section 4/25 Arms Act, PS- Sahatvaar, District Ballia, pending in the court of Additional Sessions Judge-8th (POCSO Act), Ballia, District- Ballia. It is further prayed that this Court may kindly be pleased to take the cognizance against the opposite party nos. 2 and 3 and also issue process against them to appear before the court concerned within stipulated time frame fixed by this Court." 3. The instant application has been preferred for challenging the order dated 12.01.2024 passed by learned Special Judge, POCSO Act, Court no. 8, Ballia over the application dated 14.07.2022 preferred at the behest of applicant through which the specific prayer has been made for issuing process against opposite party no. 2 and 3 since their name was reflected in the charge sheet preferred by concerned Investigating Officer on dated 19.03.2019. 4. It is also submitted by learned counsel for the applicant that against four person, the charge sheet has been preferred, whereupon two accused are regularly attending the court in pursuance to Sessions Trial no. 177 of 2019 (State vs. Aniruddh and others) but at the same time two other co-accused who have been named and implicated through charge sheet dated 19.03.2019 never appeared before learned court concerned, since no process has been issued against them. 5. Learned counsel for applicant challenged the order dated 12.01.2024 on the basis of non-complying the provisions available at law by learned concerned court at the time of initiating the trials against all the accused. 6. Per contra, learned AGA vehemently opposed the prayer and rebutted the stand taken up by learned counsel for the applicant on the ground that although charge sheet has been submitted against four persons on dated 19.03.2019 and the cognizance of offence has been taken up by learned court of Special Judge, POCSO Act, Court no. 8, Ballia by way of disclosing the name of only two co- accused vide order dated 19.03.2019 and as such only by mere preferring an application for issuing summons to those whose name were not present at the time of taking cognizance of offence, the same is not maintainable. 7. After hearing the rival submissions extended by learned counsel for the parties and after careful reading of the order dated 19.03.2019 passed by learned First Additional Sessions Judge, POCSO Court, Ballia, available at page no. 9 of supplementary affidavit dated 21.05.2024, it is crystal clear that cognizance of offence in pursuance to sections 147, 148, 149, 302, 504, 506 IPC along with Section 4/25 Arms Act have been taken up in respect of only two accused i.e. Aniruddh Yadav son of Tribhuvan Yadav as well as Sanjay Kumar Yadav son of Arvind Yadav and both the names against whom the prayer has been made by the applicant for issuing summoning orders by learned court concerned are missing. Although there is no specific order that under which circumstances, learned court of First Additional Sessions Judge, POCSO Court, Ballia, left the name of two other co-accused who have been implicated through charge sheet but in spite of the same, application preferred at the behest of applicant on dated 14.07.2022 was not at all maintainable and the same was rightly rejected by learned court concerned vide impugned order dated 12.01.2024 and as such considering no infirmity, involved in the order which impugned the present application, the instant application lacks merit, hence dismissed. Order Date :- 5.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad