Yunis Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:87722

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 17363 of 2025

Applicant :- Yunis Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raj Kamal Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant as well as the learned Additional Government Advocate appearing for the State.

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The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned charge-sheet No. 05/2025 dated 04.01.2025, the cognizance/summoning order dated 01.03.2025 passed by the learned Additional Sessions Judge/POCSO-I, District Firozabad, as well as the entire proceedings of Special Case/POCSO Sessions Trial No. 692 of 2025 titled State v. Yunis, arising out of Case Crime No. 751 of 2024, under sections 137(1), 87, and 65(1) of the B.N.S. and section 3/4(2) of the POCSO Act, registered at Police Station Firozabad North, District Firozabad.

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Learned counsel for the applicant submits that the applicant has been falsely implicated due to ulterior motives. It has been contended that there are no specific allegations implicating the applicant in the alleged offences. Learned counsel further submits that the victim had voluntarily left her home after a quarrel with her parents, and subsequently entered into a consensual relationship with the applicant. It has also argued that there exist material contradictions between the contents of the FIR and the statement recorded under Section 183 of the B.N.S.S., 2023. No

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physical injury is alleged to have been caused to the victim. On these grounds, it is prayed that the summoning order and entire criminal proceedings be quashed.

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Per contra , learned Additional Government Advocate for the State opposes the application and submits that there are specific and serious allegations against the applicant, including enticement of the victim, travelling with her to multiple locations, and outraging her modesty. It is submitted that the charge-sheet and summoning order have been passed after due application of judicial mind, and the same are legally sustainable.

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Having considered the rival submissions advanced by the learned counsel for the applicant and the learned A.G.A. for the State, as well as upon perusal of the record, including the nature and gravity of the allegations, this Court is of the prima facie view that the essential ingredients of the offences punishable under sections 137(1), 87, and 65(1) of the B.N.S. and section 3/4(2) of the POCSO Act appear to be made out. As such, no case for quashing of the proceedings at this stage is made out.

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So far as the submissions raised by the learned counsel for the applicant are concerned, it can be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceedings are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the

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impugned summoning order, so as to warrant any interference by this court in exercise of powers under section 528 B.N.S.S.

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