HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25487 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 03.06.2023, cognizance/summoning order dated 06.09.2023 as well as the entire proceedings of Criminal Case No.2210 of 2023 (State vs. Manoj @ Vijay) arising out of Case Crime No.85 of 2023, under sections 354ka, 506 I.P.C. and sections 7/8 of POCSO Act, P.S. Ramgarhtaal, District- Gorakhpur, pending in the court of learned Additional Session Judge/Special Judge, POCSO Act, Court No.1, Gorakhpur. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the applicant has been falsely implicated in this case only on account of some civil dispute, which is pending between the parties and as such considering the same the applicant has already been extended anticipatory bail by co-ordinate of this Court vide order dated 28.07.2023 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.5497 of 2023; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet is liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the arguments whatsoever has been Versus Counsel for Applicant(s) : Atul Kumar Shahi Counsel for Opposite Party(s) : G.A. Manoj Alias Vijay Nishad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) raised by learned counsel for applicant is amenable before learned trial court, which is specifically on the basis of statements so recorded by prosecution witnesses and the material evidences, which has been collected during the course of investigation and as such prima-facie offence has been made out against the applicant. 5. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds that the instant application is lacking merit in respect for quashing the entire proceedings arising out of Case Crime No.85 of 2023 and as such there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 6. The instant application under section 528 BNSS stands dismissed accordingly. September 23, 2025 Saif NA528 No. 25487 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad