Neutral Citation No. - 2025:AHC:93079 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4695 of 2025 Applicant :- Dheeraj Singh, (Junior Engineer) Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ahmad Bilal,Azizur Rahman Khan,Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the material available on record. 2. The present application has been preferred with the prayer to quash the impugned cognizance/summoning order dated 23.11.2024, issued by the Chief Judicial Magistrate, Kanpur Nagar on charge sheet dated 12.02.2024 bearing Charge Sheet No.14 of 2024 as well as entire proceeding of Case No.142130 of 2024 (State Vs. Dheeraj Singh), arising out of Case Crime No.431 of 2023 under Sections 376-C, 313, 504, 506 I.P.C. Police Station Barra, District Dakshini (Commissionerate Kanpur Nagar). 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated due to ulterior motives. As per prosecution's case, the allegations of sexual assault has been made against the applicant. The allegations as made in the First Information Report are highly improbable and unreliable, which do not disclose the essential ingredients of the alleged offences. The complainant/victim was in consensual relation with the applicant. It is further argued that the investigation was not conducted in a fair and impartial manner, and the charge sheet has been filed against the applicant. 4. Per contra, learned A.G.A. has opposed the prayer and submitted that there are serious and grave allegations against the applicant, involving the commission of sexual exploitation. The victim was allegedly subjected to sexual assault by the applicant. In her statement, recorded under Section 164 Cr.P.C. she has categorically stated that the applicant has established physical relations with her and on many occasions he has committed rape upon her, thereby she become pregnant and her pregnancy was got terminated by the applicant forcefully. 5. After hearing learned counsel for the applicant and having perused the material available on record and also the statement of the victim, recorded under Section 164 Cr.P.C., prima facie it is observed that the complainant/victim has categorically made allegations of rape against the applicant. The pregnancy of the complainant/victim was also got terminated by the applicant. Keeping in view the aforesaid, the ingredients of Sections 376-C, 313, 504, 506 I.P.C are satisfied. 6. It is well settled that the inherent jurisdiction under Section 528 BNSS is to be exercised sparingly, with circumspection, and in the rarest of rare cases. The power does not extend to stifle legitimate prosecution unless it is shown that the proceedings are manifestly frivolous, vexatious, or instituted with mala fide intent. In the instant matter, the pleas raised by the applicant pertain to disputed questions of fact and sufficiency of evidence, which are to be adjudicated during trial by the competent court upon appreciation of oral and documentary evidence. 7. The instant application is devoid of merit and it is accordingly dismissed. Order Date :- 21.5.2025/Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad