Neutral Citation No. - 2025:AHC:91090 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 19415 of 2025 Applicant :- Ramakant Dubey @ Rama Shanker Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Pandey,Vijai Prakash Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State, and perused the material available on record. 2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet bearing No. 121 dated 03.03.2021 and the cognizance/summoning order dated 29.01.2022 passed by the learned Additional Chief Judicial Magistrate, Court No. 6, Allahabad, as well as the entire proceedings of Criminal Case No. 100 of 2022, titled State vs. Ramakant, arising out of Case Crime No. 476 of 2018, under Sections 376 and 506 IPC, registered at Police Station Sarai Inayat, District Allahabad, pending before the Court of Additional Chief Judicial Magistrate, Allahabad. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence as alleged in the FIR. The applicant is a senior citizen, aged about 70 years, and has no criminal antecedents. The allegations levelled by the victim are unnatural, false, and frivolous. It is further submitted that there is no independent witness to corroborate the alleged incident. The complainant was involved in a relationship with another person and desired to reside with him. In her statement recorded under Section 164 Cr.P.C., the victim expressed a clear intention to live separately from her husband. On this basis, it is argued that the allegations made against the applicant, who is the father-in-law of the victim, stem from malice and were made solely because she wished to sever ties with her matrimonial home. 4. Upon consideration of the submissions advanced by learned counsel for the applicant and the learned A.G.A., and upon perusal of the statement of the victim recorded under Section 164 Cr.P.C., it is prima facie evident that specific allegations of rape have been made against the applicant. The ingredients constituting offence under Sections 376 and 506 IPC are satisfied. Therefore, no case for quashing the proceedings at this stage is made out. 5. The submissions made by learned counsel for the applicant raise disputed questions of fact, which are best left for determination by the trial court on the basis of evidence adduced during the course of trial. The jurisdiction under Section 482 Cr.P.C. does not extend to the evaluation of evidence or assessment of the reliability or credibility of the prosecution's case. Furthermore, there is nothing on record to suggest that the criminal proceedings in question are manifestly malicious, instituted with mala fide intent, or aimed at wreaking personal vengeance. Likewise, no illegality, perversity, or other substantive defect is found in the impugned summoning order that would warrant interference by this Court under its inherent jurisdiction. 6. The application is devoid of merit and it is accordingly dismissed. Order Date :- 28.5.2025/A. Tripathi Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad