Neutral Citation No. - 2025:AHC:84925 Court No. - 74 Case :- APPLICATION U/S 482 No. - 4066 of 2025 Applicant :- Ubesh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- G.A.,Ram Charan Lal Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. This application under section 482 Cr.P.C. has been preferred to quash the summoning/cognizance order dated 09.04.2019 passed by Additional District and Session Judge, Court No. 7/Special Judge, POCSO Act, Bareilly and the entire proceedings of Special Case No. 1348 of 2019 (State vs. Ahmad Raza @ Shani and others) arising out of Case Crime No. 175 of 2017, under sections 452, 354, 323, 504, 506 IPC read with Section 8 POCSO Act, Police Station-Fateh Ganj (East), District-Bareilly pending in the court of learned Special Judge (POCSO Act), Bareilly as well as to stay the further proceedings of abovementioned case. 3. In compliance to order dated 06.05.2025, report of learned District Judge, Bareilly is available in records through which letter dated 16.05.2025 submitted by learned Additional Session Judge/Special Judge, POCSO Act, Court No. 1, Bareilly is also placed by the office through which it is transpired that para no. 2 of the letter dated 16.05.2025 is contrary to order dated 09.04.2019, since order dated 09.04.2019 contains three paras which are as below:- (i) In first para, the chargesheet submitted in case crime no. 175 of 2017, under sections 452, 354, 323, 504 and 506 IPC along with Section 8 of POCSO Act against accused Ahmad Raza @ Shani directed to register the same. (ii) In second para, cognizance of offence in pursuance to sections 452, 354, 323, 504, 506 IPC along with Section 8 of POCSO Act has been taken up and directed to summon the accused i.e. Ahmad Raza @ Shani. Letter dated 16.05.2025 issued by learned Additional Session Judge/Special Judge, POCSO Act, Court No. 1, Bareilly is highly misconceived, no cognizance of offence has ever been taken up by learned Court of Special Judge, POCSO Act against any other accused except Ahmad Raza @ Shani. (iii) Para 3 of letter dated 16.05.2025 is also misconceived and in the light of the above mentioned discussion, since at no point of time, learned Special Judge, POCSO Act, Bareilly took cognizance of offence in pursuance to chargesheet against any other accused except Ahmad Raza @ Shani. 4. Annexure no. 1 appended with the report submitted by learned Additional Session Judge/Special Judge, POCSO Act, Court No. 1, Bareilly itself reveal that although name of all the accused has been mentioned at relevant place where the title of the case is mentioned i.e. State vs. 1. Ahmad Raza @ Shani, 2. Taslim @ Ghani, 3. Ubesh, 4. Qadir Ahmad, but at the time of passing order dated 09.04.2019, learned Court of Special Judge, POCSO Act, took cognizance of offence on prescribed format, which was having a very limited fill in blanks, wherein only name of accused no. 1-Ahmad Raza @ Shani has been mentioned, meaning thereby, learned Additional Session Judge/Special Judge, POCSO Act, Court No. 1, Bareilly submitted its report in a most careless manner and that too without perusal of the records, which itself appended at the time of certain report in pursuance to order dated 06.05.2025. 5. Considering the merit of the case, in pursuance to order dated 09.04.2019, non-bailable warrant has been issued against the applicants except applicant no. 2 vide order dated 23.04.2024 which is not sustainable in the eye of law. So far as regarding taking cognizance of offence in pursuance to Section 190 Cr.P.C. does not permit to only fill up the blanks of prescribed format of the order and as such order dated 09.04.2019 as well as order dated 23.08.2024 passed by learned Special Judge, POCSO Act, Bareilly are hereby set-aside. 6. The instant application stands allowed accordingly. 7. However, observation in respect of learned Additional Session Judge/Special Judge, POCSO Act, Court No. 1, Bareilly may be recorded in writing and be placed before Hon'ble Administrative Judge, Bareilly for his kind intimation. 8. Registrar (Compliance) is hereby directed to ensure service of this order upon learned District Judge, Bareilly for necessary compliance. Order Date :- 20.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad