HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 51546 of 2025 Court No. - 80 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State- opposite party no.1 and perused the record. 2. None appears on behalf of opposite party no.2 even in the revised call. 3. This application has been filed by the applicant to quash the impugned charge sheet dated 14.07.2025 and summoning/cognizance order dated 17.09.2025 as well as entire proceedings of Case No. 19382 of 2025, arising out of Case Crime No. 285 of 2025 (State Vs. Kapil Upadhyay) under Sections 69, 70(1), 115(2), 351(3) of BNS, Police Station Tajganj, District Agra, pending in the court of Chief Judicial Magistrate, District Agra. 4. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this court. It is further submitted that a false FIR was lodged against the applicant and that the victim was in a consensual relationship with him. However, false allegations were levelled against the applicant as well as the other co- accused. The Investigating Officer, after due investigation, exonerated co- accused Shambhudayal and Yogesh. It is further submitted that a money Versus Counsel for Applicant(s) : Aditi Tripathi, Vijay Tripathi Counsel for Opposite Party(s) : Chandan Yadav, Dipanshu Kushwaha, G.A. Kapil Upadhyay .....Applicant(s) State of U.P. and Another .....Opposite Party(s) dispute has been converted into a case of gang rape. Earlier, the police was called by the victim on 07.04.2025, and it was only stated that the applicant had physically assaulted her. Police officers Nareshpal Singh and Amit Kumar stated that the victim had only alleged physical assault by the applicant and had not made any allegation in respect of rape. 5. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned the applicant. It is further submitted that it is a case of gang rape and the victim was subjected to rape by four persons. The victim in her statements recorded under Sections 180 and 183 BNSS has categorically stated that she was subjected to rape by the applicant and co-accused Jitendra, Shambhudayal and Yogesh. The victim did not narrate the entire story to the police officers on 07.04.2025 since her prestige was at stake. A prima facie case is made out against the applicant from the perusal of the statements recorded under Sections 180 and 183 BNSS and since it is a case of gang rape, the charge sheet in this case cannot be quashed. 6. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears to be no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 7. In view thereof, the instant application under Section 528 BNSS lacks merit and is hereby dismissed. May 7, 2026 Radhika NA528 No. 51546 of 2025 2 (Vivek Kumar Singh,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad