HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16052 of 2026 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Kailash Nath, learned counsel for the applicant, Sri Dhannajai Pratap, learned counsel for the opposite party no.2 and Sri Ram Prakash Shukla, learned counsel for the State and perused the material brought on record. 3. This application under Section 528 BNSS has been filed by the applicant- Chandrashekhar Yadav, with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 28.10.2025 & cognizance order dated 05.02.2026 in S.S.T. No. 49 of 2026 (State Vs. Chandrashekhar) arising out of Case Crime No. 296 of 2025, under Sections 352, 74 B.N.S. and Section 3(2)(va) SC/ST Act and Section 7/8 POCSO Act, Police Station Khutahan, District Jaunpur, pending in the Court of Additional Sessions Judge / Special Judge (POCSO Act), Jaunpur, with a further prayer that proceeding of the aforesaid case be stayed during the pendency of the present application. 4. The first information report of the matter was lodged on 30.09.2025 by the opposite party no.2 against the applicant under Sections 352, 74 B.N.S. and Section 3(2)(va) SC/ST Act alleging therein that on 01.08.2025 at about 10 am her daughter aged about 16 years had gone to the general store of the applicant Chandrashekhar Yadav to purchase some items. On seeing her alone the accused called her inside the shop on which she did not go inside and then he forcibly caught her hand and pulled her inside the shop and enraged her modesty. She somehow got herself relieved from him and came Versus Counsel for Applicant(s) : Kailash Nath Counsel for Opposite Party(s) : Dhannajai Pratap, G.A. Chandrashekhar Yadav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) back home and told her about the incident after which the informant went to the shop of the accused where he abused her with caste related words and threatened her to do whatever she likes. A report be lodged and action be taken. 5. The investigation in the matter started in which the statement of the victim was recorded under Section 180 BNSS and under Section 183 BNSS. She reiterated the version of the first information report. The other witnesses were also interrogated. Subsequently charge-sheet dated 28.10.2025 was filed against the accused-applicant for offences under Sections 352, 74 B.N.S. & Section 7/8 POCSO Act and Section 3(2)(va) SC/ST Act. The court of the Additional Sessions Judge / Special Judge, POCSO Act (Exclusive), Jaunpur took cognizance upon the same and summoned the applicant under the said sections. The present application has thus been filed before this Court with the prayers aforesaid. 6. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. While placing paragraph 15 & 16 of the affidavit it is submitted that the applicant is a shop-keeper and the entire family members of the informant purchase things from his shop and from 03.04.2025 to 17.07.2025 they had done purchasing and were to pay money to him which was not paid to him. Due to non payment of money hot talks between them took place and on 02.08.2025. The police had challaned Chandrashekhar Yadav under Sections 170, 126, 135 BNSS. It is submitted that the present first information report has been lodged after a delay of about two months. It is submitted that there are contradictions in the first information report and the statements of the victim and also the statement of the first informant and thus the prosecution story is not truthful. Learned counsel has relied upon the judgement of the Apex Court in the case of Harilal Etc Vs. State of Madhya Pradesh: 2023 LawSuit (SC) 885 and on a judgement of a co-ordinate Bench of the High Court of Delhi in the case of Jasbir Singh Vs. State: 2022 LawSuit (Del) 1142 and submitted that in the said judgements it has been held that the prosecution has not convincingly proved the genesis of the crime and thus benefit was given to the accused. It is submitted that the proceedings are with malafide intentions and the present application be allowed. 7. Per contra, learned counsel for the opposite party no.2 and learned counsel for the State opposed the present petition. Learned counsel for the NA528 No. 16052 of 2026 2 opposite party no.2 submits that in the present petition the first information report was not being lodged and it was only after filing a contempt petition being Civil Contempt No. 5576 / 2026 the first information report in the matter was lodged. It is submitted that in so far as the two judgements are being relied upon by learned counsel for the applicant are concerned, the same were after trial and thus are distinguishable on facts as the in the present matter only investigation has concluded and prima facie offence is disclosed. It is submitted that even malafides of the applicant cannot be considered at the stage of quashing. 8. After hearing the learned counsel for the parties and perusing the records, it is evident that the applicant is named in the first information report and the statement of the victim recorded during investigation. There are allegations against him. In so far as the malafides are concerned, it is trite law that the malafides cannot be a ground for quashing as has been held by the Apex Court in the cases of State of Bihar Vs. P.P. Sharma: AIR 1991 SC 1260, Central Bureau of Investigation Vs. Aryan Singh etc. : 2023 INSC 338 and State of M.P. Vs. Awadh Kishore Gupta : (2004) 1 SCC 691, the same can be looked in the trial at the appropriate stage. Further the judgements as are being relied upon are after trial in which evidence was recorded and then a finding was returned by the said Courts. This matter is at the stage of summoning and looking to the prima facie evidence no ground for interference is made out. 9. The present application under Section 528 BNSS is dismissed. 10. Pending application (s), if any, shall stand disposed of. September 3, 2026 AS Rathore NA528 No. 16052 of 2026 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad