Neutral Citation No. - 2025:AHC-LKO:36534 Court No. - 11 Case :- APPLICATION U/S 528 BNSS No. - 616 of 2025 Applicant :- Km Radha And 2 Others Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. The present application u/s 528 BNSS has been moved with prayer to quash the impugned charge sheet dated 29.11.2024 arising out of Case Crime No. 268 of 2024, under Sections 323, 354, 354-B, 427, 452, 504 & 506 I.P.C., Police Station Tarun, District Ayodhya as well as the impugned cognizance/summoning order dated 02.01.2025 passed by the learned Additional Chief Judicial Magistrate-II, Faizabad in Criminal Case No. 12 of 2025 (State Vs. Rajnish & others) including the entire consequential proceedings thereof, qua the applicants. It is submitted by learned counsel for the applicants that in this case F.I.R. was lodged by the applicants with allegation of maar-peet and molestation against the accused Rajnish, Deepak, Km Radha and Uday Raj and after investigation charge sheet has also been filed by the I.O. In the F.I.R. it was alleged that Rajnish molested the victim (wife of the informant). During the course of investigation the victim made allegation of molestation before the I.O. and also before the Magistrate under Section 164 Cr.P.C. against Rajnish only. There is no such allegation against other co-accused persons/applicants even though the charge sheet has been filed by the I.O. against all these applicants also. He further submits that the learned trial court has taken cognizance against all the accused persons including the present applicants under Section 354 I.P.C. also, therefore, request to quash the entire proceedings of the case including charge sheet and order of taking cognizance. Learned A.G.A. opposed the prayer for quashing the same and contended that the allegation of molestation is against Rajnish and in the statement of the victim under Section 161 and 164 Cr.P.C. such allegation has been made against Rajnish only but there is no such allegation against the present applicants. In this regard, the applicants may have an option to move an application for discharge before the learned court and the learned court will decide the same on the basis of material on record but other offences are prima facie established to be made out, therefore, the entire proceedings including chargesheet cannot be quashed. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and from perusal of record, the contents of F.I.R., the statement of the victim under Section 161/164 Cr.P.C., it appears that the allegation of molestation is against co-accused Rajnish only and not the present applicants, therefore, offence under Section 354 I.P.C. cannot be said to be made out against the present applicants. Other offences are prima facie established, therefore, the entire proceedings of the case including charge sheet and order of cognizance cannot be quashed at this stage but the applicants are directed to move an application for discharge before the learned court concerned with their submissions and the same shall be decided by it on the basis of material on record as aforesaid, in accordance with law. Hence, there appears no any other ground for granting indulgence in favour of the applicants. However, if the order for N.B.W. has been passed against the applicants, in such a situation, it is expedient to direct that, if applicants appear before the learned court concerned within a period of 30 days from today and move recall application it shall be recalled till then the order for N.B.W. shall remain in abeyance. Accordingly, this application is disposed of finally. Order Date :- 26.6.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench