Neutral Citation No. - 2025:AHC:106365 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 20066 of 2025 Applicant :- Ramshri And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Dr. S.B. Singh, learned counsel for the applicant and Sri Shashi Dhar Pandey, learned A.G.A. for the State and perused the record. 2. The instant application has been filed with a prayer to quash the charge-sheet dated 25-04-2023 as well as entire proceedings of Criminal Case No. 2689 of 2023 (State Vs. Raj Kumar and another), under Sections 376, 506, 120B IPC, P.S. B.B. Nagar, district Bulandshahar. 3. Learned counsel for the applicants submits that pursuant to the application moved by opposite party no.2 under Section 156(3) Cr.P.C., the Sub-Inspector submitted a report dated 03.01.2023 clearly stating that no offence of rape was found to be committed by applicant no.2. Despite this clear report, the learned Magistrate directed registration of an F.I.R. on 30.01.2023, leading to lodging of a false and belated F.I.R. on 26.02.2023 under Sections 376, 506, and 120B I.P.C. at Police Station B.B. Nagar, District Bulandshahar. It is further submitted that during medical examination, the prosecutrix refused internal examination, and there exists no medical evidence to support the allegations. The statement under Section 164 Cr.P.C. was recorded much later and lacks corroboration. Thereafter, without conducting any fair or impartial investigation, the Investigating Officer mechanically submitted the charge sheet dated 25.04.2023 and thereafter the learned Magistrate, took cognizance of the offence and issued process against the applicants. The said cognizance order, being arbitrary and passed in a routine manner, is liable to be quashed. 4. Per contra, Sri Shahsi Dhar Pandey, learned A.G.A. submitted that from perusal of the F.I.R. it cannot be said that no prima facie case is made out against the applicants. He further submitted that the court below has rightly taken cognizance against the applicants and no interference is required by this Court in the impugned order as well as the on going proceedings. 5. Heard learned counsel for the parties and perused the record. 6. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. The cognizance order has been issued after looking into the F.I.R. and after adducing evidences. The arguments raised by learned counsel for the applicants are all disputed question of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court. 7. Hon'ble Supreme Court in the matters of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335, M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C. 8. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not. 9. However, it is open for the applicants to take all its defence in the trial. 10. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed. Order Date :- 7.7.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad