VIPIN KUMARversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 13804 of 2026

Vipin Kumar
                                                              .....Applicant(s)
                                    Versus

State Of U.P. And 3 Others
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                :   Varsha Srivas
Counsel for Opposite Party(s)           :   G.A., Manish Kumar Pandey

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
                                                                                             NA528 No. 13804 of 2026
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                                    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.



                                                                                        (Nand Prabha Shukla,J.)
                                    September 14, 2026
                                    Aditya Tripathi




Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad