Neutral Citation No. - 2025:AHC-LKO:39238 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5425 of 2025 Applicant :- Faiz Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Puneet Saxena,Anurag Trivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Kumar Yadav, Advocate holding brief of Sri Suresh Kumar Yadav, the learned counsel for the applicants as well as Sri Arun Kumar Verma, the learned A.G.A. and perused the record. 2. By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of the impugned charge sheet dated 08.10.2023 as well as the summoning order dated 21.10.2023 passed by the Court of Spl. Chief Judicial Magistrate (Customs), District- Lucknow in Case No. 3545 of 2023 arising out of Case Crime No. 268 of 2023, under Sections 420, 406, 506, 328, 376 I.P.C. at Police Station Banthara, District Lucknow. 3. The aforesaid case has been instituted on the basis of an FIR lodged by the opposite party No.2 on 10.08.2023 stating that the applicant is a friend of his husband, the informant's husband sold away his house on 18.03.2021 and he purchased another plot on the persuasion of the applicant. The applicant took a lot of money and jewellery from the opposite party No.2 and her husband for constructing a house on the plot. On some undisclosed day, the applicant came to the informant's house in absence of her husband, administered a cold drink laced with some intoxicated substance and when the opposite party No.2 slept, the applicant made physical relations with her and prepared obscene photo and video and thereafter the applicant blackmailed her on the strength of the aforesaid photo and video. 4. Although the opposite party No.2 reiterated the FIR version, the medico-legal examination report does not contain any finding which may support the FIR allegation. 5. The informant's husband has also given a statement reiterating the FIR version. Some other witnesses have also supported the prosecution case. However, neither any obscene photo or video could be recovered during investigation nor did any witness stated that he had seen any such photo or video. 6. The Investigating Officer has submitted a charge-sheet dated 08.10.2023 for commission of evidence under Section 420, 406, 506, 328, 376 IPC and the trial Court has taken cognizance of the offence by means of an order dated 21.10.2023 and has summoned the applicant to face the trial . The applicant has been released on bail by means of an order dated 19.12.2023 passed by the Additional Session Judge, F.T.C., Court No.2, Lucknow. 7. The applicant filed an application for his discharge which has been rejected by means of an order dated 07.02.2025. 8. When the application for discharge filed by the applicant has already been rejected by the trial court and the applicant has not availed the statutory remedy of filing a revision against the aforesaid order, it would not be proper for this Court to entertain the application challenging the validity of the charge-sheet and summoning order at this stage. 9. Accordingly, the instant application is disposed of leaving it open to the applicants to avail statutory remedy against the order dated 07.02.2025 rejecting his discharge application. . (Subhash Vidyarthi,J.) Order Date :- 10.7.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench