Neutral Citation No. - 2025:AHC:29789 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 1589 of 2025 Applicant :- Pappu Alias Narendra Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Compliance affidavit filed on behalf of learned AGA is taken on record. 2. Heard Sri Rajesh Sharma, learned counsel for the applicants as well as Sri Sudhir Kumar Chandraul, learned AGa for the State. 3. Though notices have been served upon opposite party No. 2 on 08.02.2025 as apparent from the affidavit of compliance but till the dictation of the order, nobody has appeared on behalf of opposite party No. 2. 4. This is an application U/s 528 of BNSS filed for quashing the cognizance order dated 23.08.2024 in Complaint Case No. 137 of 2022 (Smt. Sunita Devi Vs. Pappu and others), under Sections 452, 354, 504 IPC and Section 3(2)Va of SC/ST Act, P.S. Harduwaganj, District Aligarh. 5. Learned counsel for the applicants submits that a complaint stood lodged by the opposite party No. 2 on 15.09.2022 relatable to the commission of offence on 25.08.2022 under Section 452, 376, 504, 506 IPC along with the provisions of SC/ST Act with an allegation on 25.08.2022 at 7:00 in the evening the opposite party No. 2 was collecting the ingredients for cooking foods then the applicants herein barged in the house of the opposite party No. 2 and the applicant No. 2 had put his gun on the forehead of the opposite party No 2 and dragged her into one of the room and there committed bad act. Learned counsel for the applicants submits that the said allegation is patently false and incorrect particularly once though in the statement under Section 200 Cr.P.C., the same is shown to be verbative but there appears to be inconsistency in the statement of the others particularly when there happens to be a report submitted under Section 107/116 of the Cr.P.C. of the year September, 2022 which shows that no such incident occurred. Learned counsel for the applicants submits that there is no eye witnesses to the said incident. 6. Learned AGA, on the other hand, submits that narration of the allegations contained in the first information report and the complaint as well as the statements under Sections 200 and 202 of the Cr.P.C. itself show commission of offence. He submits that the materials are sufficient so as to proceed with the case. 7. Having heard learned counsel for the applicants as well as learned AGA, I am of the opinion that what is required to be seen in the proceedings under Section 482 of the Cr.P.C./528 of BNSS is whether offences are made out in relation to the complaint as well as the statements under Sections 200 and 202 of the Cr.P.C., apparently allegations are there and the corroboration is also there. Further, so far as the report under Section 107/116 is concerned, the same is to be seen at the stage when trial commences. 8. In view of the same, this Court declines to interfere in the present proceedings and the application is consigned to record. 9. At this stage, learned counsel for the applicants submits that a direction be issued for consideration of the bail. 10. This Court has no reason to disbelieve that, in case, applicants move appropriate proceedings before the court below for enlargement of bail, then the same may be decided with most expedition in accordance with law of the land. Order Date :- 3.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad