HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42060 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed praying for quashing proceedings of Special Sessions Trial No. 352 of 2018 (State Vs. Dalpat singh) arising out of Case Crime No. 1178 of 2017 under Section 363 I.P.C., and Section 7/8 of POCSO Act, Police Station Kalyanpur, District Kanpur Nagar pending before learned Additional District Judge, Court No.13, District Kanpur Nagar as well as to quash the charge sheet dated 02.02.2018 and also to quash the cognizance order dated 09.02.2018 passed in the aforesaid case. 3. The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. Learned counsel argued that the applicant was enlarged on bail but one date he could not appear, on account of which N.B.W. has been issued against him vide order dated 01.05.2026. He further submits that he is limiting his prayer to the extent that suitable direction may be issued to the concerned trial Court to consider and decide the bail application of the applicant. 4. Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case praying to grant the reliefs as sought by the applicant. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence. 5. However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is Versus Counsel for Applicant(s) : Lal Chandra Mishra Counsel for Opposite Party(s) : G.A. Dalpat Singh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) directed that if the applicant appears and surrenders before the court below within three weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law. 6. For a period of three weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance. 7. The present application stands disposed of. September 30, 2026 S.Ali NA528 No. 42060 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad