Neutral Citation No. - 2025:AHC:125030 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25791 of 2025 Applicant :- Dev Sharma Alias Molu Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Ghanshyam Chaubey,Pankaj Kumar Tiwari,Saurabh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred for quashing the entire proceedings of Special Session Case No.1076 of 2025 (State vs. Dev Sharma @ Molu) arising out of Case Crime No.743 of 2024, under sections 74, 78, 79, 351(2), 351(3) BNS and sections 7/8 of POCSO Act, P.S. Kotwali Nagar, District- Bulandshahr, pending in the court of learned Additional District and Session Judge/Special Judge (POCSO Act), Bulandshahr, including charge-sheet dated 11.01.2025 as well as cognizance/summoning order dated 03.04.2025. 3. At the very outset, there is no dispute between the parties in respect of operation of order dated 29.11.2024 till today by any of the parties, wherein opposite party no.9, who had been respondent no.8, is hereby represented by Sri Ali Hamid, learned counsel for opposite party no.9 and he has also accepted the same. 4. By bare perusal of the order dated 29.11.2024 passed by Division Bench of this Court in Criminal Misc. Writ Petition No.20504 of 2024 (Dev Sharma vs. State of U.P. and Others), it is crystal clear that even after filing charge-sheet, Division Bench of this Court while specifically mentioned under para- 6 of the order dated 29.11.2024, restrained all the respondents from taking any coercive action against the applicant till the next date of listing and this order is still in operation. Information of this order dated 29.11.2024 has already been apprised by learned counsel for applicant before learned court concerned, but in spite of that cognizance of offence has been taken up in pursuance to charge- sheet preferred at the behest of investigating officer. 5. In view of aforementioned facts and circumstances, taking cognizance of offence and by summoning the applicant comes under the ambit of coercive action against the petitioner (applicant herein), which is directly in teeth of order dated 29.11.2024, hence the cognizance/summoning order dated 03.04.2025 is hereby set- aside and the same shall be subject to outcome of Criminal Misc. Writ Petition No.20504 of 2024. 6. The instant application stands partly allowed accordingly. Order Date :- 29.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad