Neutral Citation No. - 2025:AHC:41412 Court No. - 74 Case :- APPLICATION U/S 482 No. - 24615 of 2024 Applicant :- Varun And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Indra Deo Mishra,Pankaj Kumar Tiwari,Ram Autar Bind Counsel for Opposite Party :- G.A.,Pramod Kumar Dwivedi Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned A.G.A. for State. 2. The instant application under section 482 Cr.P.C. has been preferred to quash the summoning order dated 13.03.2024 passed by learned Special Judge (POCSO Act)/Additional District and Session Judge, Aligarh in Case No.202 of 2024 (Harish Kumar vs. Varun and Others), through which applicant no.1 has been summoned for facing trial under sections 313, 323, 354, 504 I.P.C. read with sections 7/8 POCSO Act and applicant no.2 has been summoned for facing his trial under sections 323, 354, 504 I.P.C. read with sections 7/8 POCSO Act, which is originally arisen out of Case Crime No.315 of 2023 at P.S. Gaunda, District- Aligarh in respect of applicants only. It is further prayed by learned counsel for the applicants to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicant submitted that initially in the instant matter, after conduction of detail inquiry, police has submitted final report against the applicants, thereafter while considering the protest petition preferred on behalf of the complainant, learned court concerned has rejected the final report and summoned the applicants vide order dated 13.03.2024, wherein learned court concerned has not considered the statements of witnesses and material on records and as such there is proper abuse of process of law and the same is liable to be quashed. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the applicant and rebutted the stand taken up by learned counsel for the applicant and submitted that after considering the material on record and the statement of witnesses, learned concerned court has summoned the applicants vide order dated 13.03.2024, wherein no infirmity can be drawn by this Court. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the order of the learned court concerned, which impugned the present application. 6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed. Order Date :- 21.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad