HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24872 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Pankaj Kumar Mishra, learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing the entire proceedings of Case No.715 of 2024 (Indrapal Singh vs. Vikash @ Vikki) arising out of Case Crime No.573 of 2023, under sections 328, 377 I.P.C. and sections 3/4 POCSO Act, P.S. Khair, District- Aligarh, pending in the court of learned Special Judge (POCSO)/Additional District and Session Judge, Aligarh as well as to quash the summoning order dated 07.12.2024 passed by learned court concerned. 3. It is the case of applicant that after implication of applicant in pursuance to Case Crime No.573 of 2023, under sections 328, 377, 506 I.P.C. along with sections 3/4 of POCSO Act, detail investigation has been conducted through concerned investigating officer, who preferred final report in favour of applicant, but the same has been discarded by learned court of Special Judge, POCSO Act, Aligarh by way of summoning the applicant in pursuance to section 190(1)(b) Cr.P.C. 4. Learned counsel for applicant submitted that once the statement recorded by the informant along with parents of the victim, which is denying the entire case of prosecution, then there is hardly any occasion available before learned court of Special Judge, POCSO Act, Aligarh for invoking provisions of section 190(1)(b) Cr.P.C. and as such the entire proceedings initiated at the behest of learned Special Judge, POCSO Act, Aligarh is highly illegal and the same may be set-aside by this Court. Versus Counsel for Applicant(s) : Pankaj Kumar Mishra Counsel for Opposite Party(s) : G.A. Vikash Alias Vikki .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and supported the order dated 07.12.2024 passed by learned Special Judge, POCSO Act, Aligarh on the ground that the applicant has been summoned in pursuance to section 190(1)(b) Cr.P.C. on the basis of statement so recorded by the victim himself, who corroborated the entire narration of F.I.R. and as such the final report which has been submitted by concerned investigating officer has been rightly rejected by learned court concerned. 6. 6. After hearing rival submissions extended by learned counsel for the parties, the discussion as made by learned Special Judge, POCSO Act by way of summoning the applicant in pursuance to section 190(1)(b) Cr.P.C. is justified since the same is on the basis of statement so recorded by the victim himself, through which prima-facie it appears that offence has been made out against the applicant. 7. In view of aforementioned facts and circumstances of the case, it is quite convincing that there is hardly any grounds available for quashing the entire proceedings of above-mentioned case and as such the instant application stands dismissed accordingly. September 12, 2025 Saif NA528 No. 24872 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad