HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35225 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri S. Kamal Akhtar Khan, learned counsel for the applicant and Shri B.P. Maurya, learned AGA for the State. 2. The present application u/s 528 of BNSS has been filed with prayer to quash the impugned order of framing charge dated 22.07.2025 passed by learned Additional Sessions Judge/ Fast Track Court (C.A.W.), Court No.1, Rampur in Sessions Trial No.233 of 2025 (State Vs. Mohd. Usman), arising out of Case Crime No.50 of 2025, under Sections 64/62, 351(2) of B.N.S., Police Station Bhot, District Rampur, pending in the Court of learned Additional Sessions Judge/ F.T.C., Rampur. 3. It is contended by learned counsel for the applicant that the present prosecution is an abuse of the process of the Court. The learned trial Court has wrongly framed charge under Sections 64/62, 351(2) of B.N.S. vide order impugned. It is further submitted that earlier an application was filed before this Court for quashing the entire proceedings, which is still pending. It is further submitted that there are material contradiction in the statement of victim recorded under Sections 180 and 183 BNSS. Learned counsel further submits that on perusal of statement under Section 183 BNSS, no offence of rape or attempt to rape is made out. 4. On the other hand, learned AGA submits that at the stage of framing charge, prima facie, the matter is looked into by the Court and the detailed analysis of evidence cannot be done after perusing the material collected during investigation. 5. On perusal of the entire material available on record, there is no abuse of Versus Counsel for Applicant(s) : Rajesh Kumar Bind, S. Kamal Akhtar Khan Counsel for Opposite Party(s) : G.A. Mohd. Usman .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the process of the Court vide order impugned. 6. In view of the above, the application U/s 528 BNSS lacks merit and is liable to be dismissed. 7. Accordingly, the application U/s 528 BNSS is dismissed. September 22, 2025 RKM NA528 No. 35225 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad