Neutral Citation No. - 2025:AHC:114858 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 21133 of 2025 Applicant :- Rajdev Rawat Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Sanjeev Kumar Pandey, learned counsel for the applicant and Sri Shahsi Dhar Pandey, learned A.G.A. for the State and perused the record. 2. The instant application has been filed with a prayer to quash the charge-sheet dated 22-10-2024, as well as entire proceedings of S.T. No. 1479 of 2025, under Sections 363, 376 IPC and 3/4 of POCSO Act, P.S. Najibabad, district Bijnor. 3. Learned counsel for the applicant submits that, as per the F.I.R., the applicant allegedly lured and took away the complainant’s daughter-in-law, Neha Kumari @ Mausam, while she was travelling from her home to Lucknow, and that she was last seen at Moradabad Railway Station. The F.I.R., based entirely on suspicion and conjecture, names the applicant solely on the basis of past mobile communication, without any direct or circumstantial evidence of kidnapping, coercion, or inducement. It is further submitted that the statements of the alleged victim recorded under Sections 180 and 183 B.N.S.S. do not disclose the commission of any offence under Sections 363, 376 I.P.C. or Sections 3/4 of the POCSO Act. The medical report dated 26.09.2024 also does not corroborate any allegation of sexual assault. Moreover, although her date of birth as per the school record is 01.07.2008, no conclusive proof of minority has been established in accordance with Section 94 of the Juvenile Justice Act. Despite these material deficiencies, the Investigating Officer, in a mechanical and biased manner, submitted a charge-sheet dated 22.10.2024 under Sections 363, 376 I.P.C. and 3/4 POCSO Act, without proper investigation or collection of credible evidence, and thereafter, the learned court took cognizance on 21.03.2025. The applicant, by means of the instant application, has challenged the charge-sheet as well as the entire proceedings. 5. Per contra, Sri Shahsi Dhar learned A.G.A. submitted that from perusal of the F.I.R., it cannot be said that no offence is made out against the applicant. He further submitted that the court below has rightly summoned the applicants and no interference is required by this Court in the impugned order as well as the on going proceedings. 6. Heard learned counsel for the parties and perused the record. 7. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. The arguments raised by learned counsel for the applicants are all disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court. 8. Hon'ble Supreme Court in the matters of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335, M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C. 9. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not. 10. However, it is open for the applicants to take all its defence in the trial. 11. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed. Order Date :- 16.7.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad