Neutral Citation No. - 2025:AHC:125122 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 24507 of 2025 Applicant :- Aashu Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajanee Kumari,Ravendra Pratap,Sushama Kumari Counsel for Opposite Party :- G.A. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State-Opposite Party and learned counsel for the Opposite party no.2. 2. The present application under Section 528 B.N.S.S. has been filed to quash the entire proceeding of Criminal Case No. 1036 of 2025 (State Vs. Aashu Kumar and others), arising out from the impugned cognizance and summoning order dated 24.01.2025 passed by the learned Chief Judicial Magistrate, Firozabad as well as charge sheet dated 26.12.2024, Case Crime No. 774 of 2024, under Sections 123, 64, 352, 351(2), 333, 115(2), 191(2) of B.N.S. against the applicant no.1 and under section 352, 351(2), 333, 115(2), 191(2) of B.N.S. against the applicant no. 2 to 5, Police Station- Firozabad North, District Firozabad. 3. Learned counsel for the applicants submitted that a false case has been instituted by the opposite party no.2 and after faulty investigation charge sheet under Section 123, 64, 352, 351(2), 333, 115(2), 191(2) B.N.S. has been submitted on which cognizance has been taken by the trial court. Learned counsel for the applicants submitted that the victim has given false statement before the Investigating Officer that she was raped in the presence of her parents, which is improbable. Learned counsel further submitted that during internal examination of the victim no injury was found which belies the theory of rape. Learned counsel further submitted that the recital of the first information report and the statement of witnesses recorded in the case diary, prima facie, does not disclose the commission of any offence by the applicants. With these submissions it was prayed that the charge sheet be quashed. 4. Learned counsel for the opposite party no.2 has opposed the above prayer on the ground that the victim has mentioned in her statement under Section 183 B.N.S.S. that she was raped by applicant No.1 Aashu Kumar. Learned counsel further submits that after investigation the prosecution version has been found reliable and charge sheet has been submitted against the applicants on which cognizance has already taken by the trial court. With these submissions, it was prayed that application be rejected. 5. Having heard learned counsel for the parties. I am of the opinion that all the submissions advanced by the learned counsel for the applicants involve appreciation of evidence and are disputed question of fact, which cannot be examined in this application. Prima facie, the case has been found against the applicants and charge sheet has been submitted. 6. In view of this, there is no ground to quash the charge sheet, at this stage. 7. Accordingly, the application under Section 528 B.N.S.S. is rejected. Order Date :- 29.7.2025 Anurag* Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad