ABHISHEK PRATAP SINGH ( AJEET SINGH IN FIR ) v. THE STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS
A482/8709/2025 · 2025-11-04
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175011 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175011 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8709 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. It has been submitted by the learned counsel for the applicant that the FIR was lodged by the father of the victim on 10.9.2021 under Section 376, 323, 506 IPC, 3 / 4 POCSO Act and 3 (2) (V) of SC/ST Act. Investigation was completed and final report was filed. Again on application of the father, the matter was reinvestigated and again final report was submitted by the police. It is submitted that the medical report is also not supporting the prosecution case. It has been submitted that on the protest made by the complainant statement under Section 200/202 CrPC were recorded and the applicants have been summoned without considering the fact that the two FRs have been lodged by the police in which final report is submitted. He has submitted that bare perusal of the FIR as well as the material collected by the police indicates that no offence is made out against the applicant and he is falsely implicated for the reason that there is enmity which occurred due to election of Gram Panchayat between the petitioner and opposite party no.2. Power filed by Shri Sagar Singh, Advocate on behalf of opposite party no.2 is taken on record. It has been submitted that statement under Section 200 CrPC of the father and as well as of victim under Section 202 CrPC and two other independent witnesses have been recorded and the statement of the victim itself is sufficient to convict the applicant. It has been submitted that this court cannot hold trial and the allegation is pertaining to rape, therefore, this Court cannot weigh the evidences and certainly trial is required. After hearing broth the parties I am of the view that there is allegation of rape against as alleged by the victim under Section 202 CrPC. Father of complainant also supported the prosecution case under section 200 CrPC and this Court cannot adduce Versus Counsel for Applicant(s) : Uroosa Ali, Pravin Kumar Verma, Shubham Yadav, Taj Mohammad Tabish Counsel for Opposite Party(s) : G.A. Abhishek Pratap Singh ( Ajeet Singh In Fir ) .....Applicant(s) The State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s)
the evidence on record for which certainly trial is required . Application is dismissed.
Counsel for applicant may apply for bail within three weeks which may be disposed by the learned trial court in accordance with law. November 4, 2025 mks A482 No. 8709 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench