HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35308 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to direct the Investigating Officer to investigate the matter fairly and submit charge sheet in proper manner in S.S.T no. 91/2025 (State vs. Mujib and another) arising out of Case Crime no. 372/2024 under Section 77 BNS and 67(A) Information Technology Act and 13/14 POCSO Act, PS- Didauli, District Amroha. 3. Learned counsel for applicant submitted that applicant is informant in aforesaid Case Crime no. 372 of 2024 which has been registered against unknown persons in pursuance to Section 77 BNS and 67(A) Information Technology Act and 13/14 POCSO Act. After completion of investigation, charge sheet has been submitted against two accused persons, whereupon cognizance of offence has been taken up vide order dated 11.02.2025 passed by learned Additional District and Sessions Judge/POCSO, Ist, Amroha. 4. Learned counsel for applicant argued that investigation has not been conducted in fair manner and as such the Investigating Officer has not implicated opposite party no. 2 namely Ku. Ajmat Khatoon who is having specific role in commission of alleged offence as narrated in the FIR and as such present application has been preferred seeking aforesaid prayer. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application and submitted that applicant is having alternate remedy as Versus Counsel for Applicant(s) : Pooja Singh, Rajesh Yadav Counsel for Opposite Party(s) : G.A. Mohd Noman .....Applicant(s) State of U.P. and Another .....Opposite Party(s) provided under Section 319(1) of Cr.P.C. 6. After hearing rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that, if, applicant is having grievance that a particular person whose role is made out in the present case, has not been charge sheeted and summoned by learned trial court, he is having efficacious legal remedy as provided under Section 319(1) Cr.P.C. The said provision is reproduced herein below: "Section 319- Power to proceed against other persons appearing to be guilty of offence. (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. ...... ......" 7. Therefore, if during the course of trial, evidence comes to light suggesting the involvement of any individual not charge-sheeted, the appropriate course of action for the applicant would be to bring such material to the notice of the trial court, which can take recourse to Section 319 Cr.P.C. if, deemed fit. 8. In view of foregoing discussions, the instant application u/s 528 BNSS lacks merit, hence dismissed. September 15, 2025 Shaswat NA528 No. 35308 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad