Neutral Citation No. - 2025:AHC:94130 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 14511 of 2025 Applicant :- Shakir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Saleem Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the record. 2. The present application under Section 528 of BNSS has been filed seeking quashing of the charge-sheet dated 11.12.2024 and cognizance order dated 07.01.2025 as well as entire proceedings of Sessions Trial No. 45 of 2025 (State v. Shakir), arising out of Case Crime No. 380 of 2024, under Sections 74, 351(2), and 65(1) BNSS, read with Sections 3/4(2) of POCSO Act, registered at Police Station Nahtaur, District Bijnor. 3. Learned counsel for the applicant submits that the applicant, who is approximately 60 years of age, has been falsely implicated due to a pre-existing land demarcation dispute with the victim's mother. It is contended that there are no visible injuries on the victim's private parts, and no signs of physical resistance were observed during medical examination. Learned counsel further submits that the applicant is already on bail, and that the materials on record do not substantiate the invocation of Sections 74, 351(2), 65(1) BNSS and Sections 3/4(2) of the POCSO Act. 4. Per contra, learned A.G.A. for the State has vehemently opposed the application, submitting that the victim is a minor girl aged about 14 years and suffers from mental retardation, for which she is receiving treatment at a Government hospital. Specific and serious allegations of sexual misconduct and outraging the modesty of the victim have been levelled against the applicant. These allegations are supported by her statement recorded under Section 183 BNSS as well as corroborative material, including a letter from the Principal of the institution where the victim had been studying. 5. Upon careful consideration of the submissions advanced by both parties and scrutiny of the materials available on record, this Court finds that prima facie a cognizable offence is made out against the applicant. The statement of the victim recorded under Section 183 BNSS, supported by circumstantial and documentary evidence, cannot be brushed aside at this stage. The arguments raised by the applicant pertain to factual disputes and evaluation of evidence, which are matters to be determined during trial and cannot be adjudicated in a petition under Section 528 BNSS. 6. It is well settled that the inherent jurisdiction under Section 528 BNSS is to be exercised sparingly and only in cases where the complaint or proceedings are manifestly frivolous, vexatious or an abuse of the process of law. The present case does not fall within such an exceptional category. 7. Accordingly, the application is devoid of merits and is hereby dismissed. Order Date :- 20.5.2025 Imtiyaz Vinod Diwakar, J. Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad