HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 47865 of 2025 Connected with APPLICATION U/S 528 BNSS No. - 47483 of 2025 Court No. - 80 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard Sri Ray Sahab Yadav, learned counsel for the applicants, Sri Vinay Mishra, learned counsel appearing for the opposite party no. 2 and Sri Ajay Singh, learned A.G.A. appearing for the State. 2. These applications have been filed under Section 528 BNSS for quashing the charge-sheet dated 29.6.2025 as well as summoning order dated 6.8.2025 and entire proceeding of Criminal Case No. 117 of 2025 (State vs. Akhilesh and others) arising out of Case Crime No. 58 of 2025, under Sections 191(2), 115(2), 352, 351(2), 74, 333, 64, 305 BNS, Police Station Pawara, District Janpur pending before Additional Chief Judicial Magistrate-V, Court No. 16, Jaunpur. 3. Learned counsel for the applicants submitted that the proceeding Versus Counsel for Applicant(s) : Ray Sahab Yadav Counsel for Opposite Party(s) : G.A., Mata Achal Mishra, Vinay Mishra Versus Counsel for Applicant(s) : Ray Sahab Yadav Counsel for Opposite Party(s) : G.A., Mata Achal Mishra, Vinay Mishra Akhilesh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Rohit Kumar Gautam And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) initiated against the applicants is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicants and as such the proceedings initiated against the applicants including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this court. Learned counsel for the applicants further submitted that no allegation has been levelled in the first information report, which was lodged on 13.5.2025 in respect of alleged incident dated 11.5.2025, wherein report was sent by the police on 12.5.2025 against the applicant Akhilesh Gautam and victim Pooja Ojha. On that date no allegation of rape was levelled by the victim. The statement of the victim was recorded under Section 180 BNSS, wherein too she did not allege that rape was committed on her. No witness during the course of investigation was launched that the victim was subjected to rape by the applicants. Once the applicants obtained arrest order by this Court on 19.6.2025, the victim made her story and allegation of rape was first time levelled by her in her statement recorded under Section 183 BNSS. The victim is a married lady and no such kind of incident had ever taken place. The applicants have been falsely implicated on account of previous enmity. The trivial dispute between the applicants and the victim have been converted into offence of rape. 4. 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 by learned counsel appearing for the opposite party no. 2 and learned A.G.A. appearing for the State that the injuries on the body of the victim are corroborating the first information report version and the police was not conducting fair investigation and did not lodge the first information report in proper sections. The victim, when produced before the learned Magistrate, narrated the entire incident and she stated that offence of rape was committed on her by the applicants. It NA528 No. 47865 of 2025 2 is further submitted that the present application is liable to be dismissed. 5. 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. From perusal of the first information report as well as statements of the victim recorded during the course of investigation a prima facie offence is made against the applicants and charge-sheet cannot be quashed at this stage. It is the domain of the trial court, who will pronounce the judgment after appreciation of evidence recorded during the course of investigation. 6. In view thereof, these applications under Section 528 B.N.S.S. lacks merit and are hereby dismissed. May 7, 2026 Lalit Shukla NA528 No. 47865 of 2025 3 (Vivek Kumar Singh,J.) Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad