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2025 DAILYLAW 60680 (ALL)

MOHD. RAIS AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/18471/2025 · 2025-10-07

Anish Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18471 of 2025 Court No. - 79 Sl. No. 79 HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Jai Prakash Mishra, learned counsel for the applicants, Ms. Saumya Shukla holding brief of Shri Siddharth Srivastava, learned counsel for the opposite party no. 2 and Shri Harshita Rani, learned AGA for the State. 2. The instant application under section 528 BNSS has been filed seeking quashing of the entire proceedings of Case No. Nil of 2024 (State Vs. Mohd. Rais) arising out of Case Crime No. 0284 of 2024 under sections 376, 307, 323, 392, 504, 506 IPC and 67B of Information Technology (Amendment) Act, 2008 police station Bilariyaganj District Azamgarh and charge sheet no A307 of 2024 dated 28.10.2024 and cognizance order dated 16.1.2025 pending in the court Addl. Chief Judicial Magistrate, Court No. 11 District Azamgarh. 3. Learned counsel for the applicants submits that the opposite party no. 2 has filed the FIR on 14.8.2024 making false and concocted allegations against the applicants as well as son of the applicant. It is further submitted that no such incident as alleged in the FIR has taken place on 4.8.2024. All the allegations are concocted and imaginary, therefore, he seeks quashing of the entire proceedings of the aforesaid case. 4. Per contra, learned counsel for the opposite party no. 2 submits that the Versus Counsel for Applicant(s) : Jai Prakash Mishra Counsel for Opposite Party(s) : G.A., Siddharth Srivastava Mohd. Rais And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) opposite party no .2 was having relations with the son of applicant no. 1, namely, Alishaad and under the garb of marriage he has repeatedly established sexual relations with her. He has also prepared video of such relations with her. When she asked for marriage, the applicants herein has sent Alishaad out of country and when on 4.8.2024 she went to the house of the applicants herein to enquire about Alishaad then the applicants have badly assaulted and abused the opposite party no. 2. The entire incident has been duly narrated in the FIR itself, which has also been supported by the victim in her statement recorded under section 180 and 183 BNSS. Thus, since a primafacie case is made out against the applicant and the charge sheet has also been submitted and the cognizance has also been taken by the trial court, therefore, no interference is called for by this Court. 5. Learned A.G.A. also submits that various allegations have been levelled in the FIR which have been duly investigated and thereupon the charge sheet was filed against the applicants and cognizance was also taken by the trial court. Thus no interference is called for by this Court. 6. Having heard the rival submissions advanced by the learned counsel for the parties this Court has carefully gone through the records of the case. From cumulative reading of the FIR as well as the statements recorded under section 180 and 183 BNSS it is apparent that clear allegations have been made against the applicants and the son of the applicant no 1 for which charge sheet was filed and cognizance has also been taken by the trial court. Therefore, in the considered opinion of this Court a prima- facie case is made out against the applicant and no interference is required by this Court. 7. For the reasons aforesaid, the instant application is dismissed. October 8, 2025 o.k. NA528 No. 18471 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad