Neutral Citation No. - 2025:AHC:87970 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 17416 of 2025 Applicant :- Kaluram Alias Kaluta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Malik,Krishna Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused material available on record. 2. The instant application has been preferred with the prayer to quash the impugned charge-sheet dated 06.08.2024, its cognizance/summoning order dated 07.09.2024, passed by Chief Judicial Magistrate, Mahoba, as well as entire proceedings of Case No.2170 of 2024, State v. Kaluram @ Kaluta, arising out of Case Crime No.199 of 2024, under Sections 376, 452, 506 I.P.C., registered at Police Station Kulpahar, District Mahoba, pending in the Court of learned Chief Judicial Magistrate, Mahoba. 3. The facts of the case, in brief, is that the complainant of the case is stated to be poor widow lady having two children studying at Mahoba. On 01.11.2023 at about 09.30 p.m. when she was sleeping along with her children, the applicant barged into the house of the complainant used filthy language and also sexually exploited the complainant by extending threat to her life. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case with an ulterior motive. As per medico legal examination, no external or internal injuries were found on body of the complainant. The investigating officer without conducting proper investigation has submitted charge-sheet against the applicant. The applicant has not committed any offence as alleged in the FIR. 5. Per contra, learned A.G.A. for the State has opposed the application and submitted that the victim, in her statement, recorded under Section 164 Cr.P.C. has categorically stated that the applicant has committed rape upon her, used filthy and abusive language and also extended threat to her life. The ingredients of Sections 376, 452, 506 I.P.C. are satisfied, therefore, no case for quashing the aforesaid proceedings is made out. 6. After hearing learned counsel for the applicant and having gone through the material on record, its prima facie observed that the victim, in her statement recorded under Sections 164 Cr.P.C., has made specific, clear, and consistent allegations of rape and other offences against the applicant. The charge-sheet has been filed under Sections Section 376, 452, 506 I.P.C, based on the said statements, medical report, and other material evidence. At this stage, it cannot be said that the proceedings are either maliciously instituted or that no offence is disclosed. Therefore, no case for quashing the aforesaid proceeding is made out. 7. In the instant matter, the submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 Cr.P.C. 8. The application is found to be devoid of merit and it is accordingly dismissed. Order Date :- 23.5.2025 A.N. Mishra (Vinod Diwakar,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad