Neutral Citation No. - 2025:AHC:128329 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 6125 of 2025 Applicant :- Aakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sandeep Jain,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. This application U/S 528 BNSS has been filed against the applicant to quash the charge-sheet dated 05.09.2024, cognizance/ summoning order dated 09.10.2024 passed by Judicial Magistrate, Court No.13, Azamgarh as well as entire proceedings of Case No.11786 of 2024 (State Vs. Akash), arising out of Case Crime No. 265 of 2024, under Sections 64, 333 B.N.S., Police Station Mehnagar, District Azamgarh. Learned counsel for the applicant submits that a false prosecution has been lodged by the prosecutrix i.e. opposite party no.2. He further submits that the prosecutrix is a major married lady, who was having relationship with the applicant, which is proved by the record of whatsapp submitted by the applicant as well as the conduct of the prosecutrix during the alleged incident. He further submits that the F.I.R. regarding the incident was lodged belatedly and no internal injuries were found on the victim in the medical examination. He next submits that theory of rape is totally false as no offence of rape has been committed by the applicant. Learned AGA for the state has opposed the submission made by counsel for the applicant on the ground that the victim, in her statement recorded under sections 161 and 164 Cr.P.C., has specifically stated that the applicant entered into her house and forcefully committed rape on her. He has further submitted that the victim is a married lady as such the injuries on her internal part are not relevant. It is apparent that a prima facie case has been found after investigation against the applicant and as such charge- sheet under Sections 64, 333 B.N.S. has been submitted on which cognizance has been taken by the court below. All the submission advanced by learned counsel for the applicant need detailed appreciation of evidence, which cannot be gone into at this stage. Prima facie sufficient material is available against the applicant. In view of the aforesaid, the instant application filed under Section 528 BNSS is misconceived and is accordingly, dismissed. Order Date :- 31.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad