HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31920 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard Shri Umesh Chandra Prahapati, learned counsel for the applicant, Shri Babul Kumar Sharma, learned counsel for respondent no.2 as well as learned A.G.A. and perused the record. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire criminal proceedings including charge-sheet dated 29.03.2025 and summoning order dated 09.07.2025 in Criminal Case No.909 of 2025 (State vs. Ashish), arising out of Case Crime No.15 of 2025, under Sections 74, 351 (3) of B.N.S., Section 7/8 of POCSO Act and Section 3 (2) (va), 3(1) (da) of S.C./S.T. Act, Police Station Uldan, District Jhansi, pending in the Court of Special Judge (POCSO Act), Jhansi. 3. According to the F.I.R., the victim (minor girl) was subjected to molestation on the date of incident dated 14.01.2025, at around 7:00 p.m., while she was going to defecate. In her statement recorded under Section 180 B.N.S.S., she has narrated the ordeal she faced on the date of the incident wherein she has been subjected to criminal force with the intent to outrage her modesty. On hearing her screams, co-villagers gathered to save her. Although in her statement under Section 183 B.N.S.S., she has exaggerated the incident in question to the extent of forceful sexual assault; however, the Investigating Officer, after due investigation, has arraigned the present applicant for the offence under Section 74 B.N.S. Conjoint reading of the F.I.R. and the statement of witnesses, prima face, complicity of the present applicant in the commission of crime cannot be negated. Versus Counsel for Applicant(s) : Suman Kumari, Umesh Chandra Prajapati Counsel for Opposite Party(s) : Babul Kumar Sharma, G.A. Ashish .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 4. After due deliberations at length, learned counsel for the applicant has chosen not to press the instant application on merits, however, he has submitted that the applicant is ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to him. It is next submitted that the present applicant has never intended to ignore the court proceedings. 5. Learned A.G.A. has no objection if protection is granted to the present applicant to enable him to appear before the court below. 6. In this conspectus, as above, no useful purpose would be served to keep the instant application pending and the same is being decided without entering into the merits of the case with a direction that in case the present applicant appears/surrenders and move a bail application before the court below within a period of three weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned having considered the dictum of Hon'ble Supreme Court in accordance with law, expeditious, preferably within a period of three weeks thereafter. 7. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicant. 8. With the aforesaid observation/direction, instant application is finally disposed of. September 24, 2025 VR NA528 No. 31920 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad