HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2048 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. The present application has been filed seeking quashing of the impugned order dated 17.09.2025 passed by Additional District and Session Judge, FTC-I, Ambedkar Nagar whereby the application under Section 227 CrPC preferred by the applicant has been rejected. Relief has been sought for quashing the entire proceedings of Session Trial No.177 of 2025, arising out of Case Crime No. 498 of 2024, under Sections 313, 323, 376, 506 IPC, Police Station - Akbarpur, District - Ambedkar Nagar. 2. Sri Vikas Verma, learned counsel for the applicant submits that there is inordinate delay in lodging the First Information Report as alleged incident took place on 23.02.2024 and the First Information Report has been lodged on 11.08.2024, after about six months delay. 3. Learned counsel for the applicant further submits that charge-sheet has been filed with malafide intentions to harass the applicant although no case is made out against the applicant after going through the record. 4. Learned counsel for the applicant further submits that opposite party no.2 is habitual lady of lodging the First Information Reports and she had earlier lodged two First Information Reports against different persons, however, she had given a notarized affidavit on 03.10.2024 in District - Gorakhpur in which she has clearly stated that she has given false Versus Counsel for Applicant(s) : Vikas Verma Counsel for Opposite Party(s) : G.A. Satish Yadav @ Satish Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) application and mentioned that no one has committed crime. 5. He further submits that opposite party no.2 has previously lodged false and fabricated First Information Reports against various people in several districts in which FIR No. 87 of 2024, under Sections 498A, 406, 323 IPC and Sections 3/4 Dowry Prohibition Act was lodged in Police Station - Akbarpur, District - Ambedkar Nagar on 21.02.2024 against Arun Kumar and his family members with the intention to blackmail them. It shows that opposite party no.2 is habitual in lodging the First Information Reports, therefore, the impugned proceedings are liable to be quashed. 5. On the other hand, learned AGA for the State submits that the statement of prosecutrix under Section 164 Cr.P.C. was recorded in which she has levelled allegation of rape against the applicant, He further submits that after collecting the evidence, the charge-sheet has been filed. Once the charge-sheet has been filed and the evince discloses the commission of offense against the applicant, this Court cannot do a mini- trial and the application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the record. 7. Considering the overall facts and circumstances of the case and the argument of the State that the statement under Section 164 Cr.P.C. has been recorded in which allegation of rape has been levelled against the applicant. The defence which the applicant has taken here, is a factual aspect which can very well be looked into by the trial court and this Court under Section 482 Cr.P.C./Section 528 B.N.S.S. can not record any finding on the factual aspects, for which certainly the trial is required and the evidence is to be adduced on record and this Court can not adduce evidence on record and cannot do mini trial. 8. Application is devoid of merit. It s accordingly rejected. December 9, 2025 Mohit Singh/- NA528 No. 2048 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench