Neutral Citation No. - 2025:AHC:106202 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21247 of 2025 Applicant :- Ramu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- Awadhesh Tiwari,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Manoj Yadav, learned counsel for applicant, learned A.G.A. for State and Sri Awadhesh Tiwari, learned counsel for opposite party no.2 and also perused the record. 2. The instant application has been preferred for quashing the entire proceeding of Session Case No.513 of 2025 (State vs. Shyam Singh and Others) arising out of Case Crime No.307 of 2024, under sections 3(5), 333, 74, 76, 351(2), 351(3), 352 BNS and sections 7/8 of POCSO Act, 2012, P.S. Rura, District- Kanpur Dehat, pending in the court of learned Additional District and Session Judge, Court No.13/Special Judge, POCSO Act, Kanpur Dehat including the charge-sheet dated 10.11.2024 as well as cognizance/summoning order dated 10.04.2025. 3. It is the case of applicant that his name has never been mentioned by any of the prosecution witnesses at the time of recording their statements either under section 180 BNSS or 183 BNSS; although appearance of name of the applicant at the time of recording statement under section 180 BNSS, which is only inserted by the concerned investigating officer, but the same has been denied by the prosecution witness at the time of recording statement under section 183 BNSS as well as specific affidavits have already been preferred, which has already been appended along with instant application. 4. Per contra, A.G.A. and learned counsel for opposite party no.2 although opposed the prayer as made in the application, but did not dispute the facts, which has been submitted by learned counsel for applicant only in respect of implication of applicant, being non- involvement in the matter, wherein charge-sheet has already been preferred against the applicant also, whereupon cognizance of offence has been taken up by learned court of Additional District and Session Judge, Court No.13/Special Judge, POCSO Act, Kanpur Dehat vide order dated 10.04.2025, through which applicant was also summoned in pursuance to sections 3(5), 333, 74, 76, 351(2), 351(3), 352 BNS and sections 7/8 of POCSO Act, 2012. 5. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, prima-facie, learned counsel for applicant has made out the case in favour of applicant on the basis of statement recorded by prosecution witnesses and as such the applicant is hereby permitted to prefer discharge application before learned court concerned on the grounds which has been taken up through the instant application, within 15 days from today and the same shall be decided by learned trial court after giving full opportunity of hearing to all concerns. 6. However, it is made clear that if the discharge application will be preferred within stipulated time as granted above through counsel, no coercive action shall be initiated till the final outcome of discharge application. 7. The instant application stands partly allowed accordingly.. Order Date :- 7.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad