Neutral Citation No. - 2025:AHC:128372 Court No. - 77 Case :- APPLICATION U/S 482 No. - 2471 of 2025 Applicant :- Yogesh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned AGA. 2. The present application has been preferred for seeking quashing of the chargesheet dated 15.12.2020 along with entire proceedings of Sessions Trial No.1048 of 2022 (State Vs. Yogesh and another), arising out of Case Crime No.41 of 2022, under Sections 452, 323, 504, 506, 34 IPC and Section 7/8 of POCSO Act against applicant no.1 and under Section 452, 323, 504, 506 IPC against applicant no.2, P.S. Jagdishpura, District Agra, pending in the court of learned Sessions Judge/Special Judge (POCSO Act), Court No.27, Agra. 3. Learned counsel for applicants has submitted that applicants have been falsely implicated by opposite party no.2 in the present case due to ulterior motive since she had already lodged several cases against several persons. Learned counsel for applicants has further submitted that applicants have no concern with the alleged incident and moreso, no role has been assigned to applicant no.2. Learned counsel for applicants has further argued that opposite party no.2/informant was the tenant of applicants and due to some dispute with her, they have been implicated in the present case on the basis of false and concocted story. It has also been contended by learned counsel for applicants that there are several contradictions in the statements recorded by victim under Section 161 and 164 Cr.P.C. Learned counsel for applicants has also submitted that without conducting fair investigation, the concerned Investigating Officer submitted chargesheet whereupon without applying its judicial mind, learned court concerned taken cognizance over the said chargesheet which is abuse of process of law and as such, same may be quashed. 4. Per contra, learned AGA vehemently opposed the prayer as made in the application by way of submitting that the contentions, which are sought to be raised on behalf of applicants, would relate to disputed questions of fact, and would involve appreciation of evidence. It is submitted that at the time of taking cognizance, only a prima facie case is to be seen and the court concerned is not expected to hold a mini trial. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court is of the opinion that at the stage of taking cognizance/summoning, learned court concerned is only required to record a prima facie opinion, based on the material on record, and is not expected to hold a mini trial or to examine the defence of the accused. All the submission made at the bar, relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C 6. In view thereof, this application is hereby disposed of with liberty to applicants to appear before learned court concerned through their counsel. Order Date :- 31.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad