Neutral Citation No. - 2025:AHC:92567 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18211 of 2025 Applicant :- Upendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Ajay Sengar, learned counsel for applicant, Sri Akshay Raj Singh, learned counsel for respondent no. 2 and learned AGA for State. 2. Present application has been preferred with prayer to set aside the order dated 03.05.2025 passed by learned Special Judge (POCSO Act, 2012)/Additional District and Sessions Judge, Jalaun at Orai in Case Crime no. 0055 of 2025, (State of U.P. vs. Upendra Singh and another) under sections 115(2), 137(2) of Bhartiya Nyay Sanhita, 2023, 66(e) of the Information Technology Act, 2000 and 3/4(2), 19/21 of the POCSO Act, 2012, PS- Kuthond, District Jalaun and its all consequential proceedings. 3. It is contended by learned counsel for applicant that during investigation, the Investigating Officer moved an application for issuing NBW which has been allowed vide impugned order dated 03.05.2025. He further contended that the said order cannot be passed during investigation. In support of his contention, he has relied upon judgment of Hon'ble Apex Court reported in (2000) 10 SCC 438 (State through CBI vs. Dawood Ibrahim Kaskar and others). 4. Learned AGA vehemently opposed the prayer sought through instant application. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that judgment relied upon by learned counsel for the applicant clearly demonstrates that applicant may not be compelled to appear before police authorities but before the learned concerned court. In the instant matter, order dated 3.5.2025 which impugned the present application, crystal clearly shows that applicant has been directed to appear before learned court concerned itself. In the light of the judgment rendered by Hon'ble Apex Court in case of State through CBI (supra) if the applicant will appear before learned court of Special Judge, POCSO Act/Additional District and Sessions Judge, Jalaun at Orai within a period of four weeks from today, operation of order dated 03.05.2025 shall not be effected. However, it is made clear that in case, applicant failed to appear within stipulated time as granted above, order dated 03.05.2025 shall automatically become operative. 6. With aforesaid direction, application stands disposed of accordingly. Order Date :- 28.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad