Neutral Citation No. - 2025:AHC:75045 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16150 of 2025 Applicant :- Vakeel Ahmed Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Kumar Srivastava,Mohini Jaiswal,Rakesh Kumar Gangwar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Ms. Mohini Jaiswal, learned counsel for the applicant as well as Sri Vikas Sharma, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred for quashing the impugned order dated 08.01.2025 passed by the Special Judge POCSO Act/Additional Sessions Judge, Bareilly in misc. case no. 115 of 2024 (Wakeel Ahmed Versus Ahmed Shahjeb and others), under Sections 74, 115(2), 352, 351(3) of B.N.S.S and Section 7/8 of POCSO Act and direct to the Court below to pass appropriate order. 3. Learned counsel for the applicant has submitted that proceedings under Section 175(3) of the BNSS stood drawn by the opposite party no. 2 against the applicant with an allegation regarding the incident which occurred on 30.04.2024, wherein the applicant had committed offences. The said proceedings in Case No. 69 of 2024 came to be rejected by the Court of Special Judge, POCSO Act/Additional Sessions Judge. However, the applicant in relation to the said incident filed a complaint under Sections 74, 115(2), 352, 351(3) of BNSS read with Section 7/8 of the POCSO Act on 15.10.2024 which has been rejected by the court of Special Judge, POCSO Act/Additional Sessions Judge, Bareilly in Misc. Case No. 115 of 2024 on the ground that complaint so lodged is verbatim the same which was subject matter of proceedings under Section 175(3) of BNSS which came to be rejected on 19.08.2024. 4. Questioning the said order, the learned counsel for the applicant has filed the present application. 5. Sri Vikas Sharma, learned State Law Officer for the State submits that once the order dated 18.09.2024 has not been questioned or challenged then the present complaint which has been rejected on the same allegations would not be maintainable as the proper course open for the applicants is to question the said order. 6. At this juncture, learned counsel for the applicant, as per the instructions, submits that she would take legal recourse while challenging the order dated 18.09.2024. 7. In view of above, the application stands disposed of. Order Date :- 8.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad