HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13804 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Ms. Varsha Srivas, learned counsel for the applicant, Mr. Manish Kumar Pandey, learned counsel for the opposite party No.2, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to quash the entire proceedings as well as impugned summoning order dated 07.03.2026 passed by learned Special Judge (Exclusive Court, POCSO Act), Etah in Complaint Case No. 144/2025 ('K' v. Vipin) under Section 64(2)(m) 351(2) of Bhartiya Nayaya Sanhita, 2023 and Section 5(l) / 6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Marhara, District Etah pending in the court of learned Special Judge (Exclusive Court, POCSO Act), Etah. 3. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. 4. Accordingly, prayer for quashing is declined. 5. In case, the applicant is not on bail, it is directed that if the applicants appear or surrender through counsel before the Trial Court and makes an Versus Counsel for Applicant(s) : Varsha Srivas Counsel for Opposite Party(s) : G.A., Manish Kumar Pandey Vipin Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side. 6. Further, it is provided that in case the applicant moves an application for discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within six weeks thereafter. 7. For a period of 45 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicant in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. September 14, 2026 Aditya Tripathi NA528 No. 13804 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad