MANDEEPversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 23122 of 2025

Mandeep
                                                            .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Ravikant Shukla
Counsel for Opposite Party(s) : Praveen Kumar Dubey, Vinod Kumar,
                                G.A.

Court No. - 80
                   HON'BLE VIVEK KUMAR SINGH, J.

1. Sri Ravikant Shukla, learned counsel for the applicant, Sri Vinod Kumar
Mishra, learned counsel for opposite party no.2 and Sri Prashant Kumar
Singh, learned A.G.A. for the State-opposite party no.1.

2. Present application under Section 528 B.N.S.S. has been preferred for
quashing the charge-sheet dated 21.12.2024 as well as summoning/
cognizance order dated 24.04.2025 passed by Judicial Magistrate, Court No.
1, Jaunpur, in Case No. 7348 of 2025 (State of U.P. Vs. Mandeep and
others) arising out of Case Crime No. 241 of 2022, under Sections 376-D,
354, 504, 506, 120-B I.P.C., P.S. Gaura Badshahpur, District Jaunpur.

3. Learned counsel for the applicant submitted that the proceeding
initiated against the applicant is illegal and against the material available
on record; the material of investigation does not disclose commission of
any alleged offences against the applicant and as such the proceedings
initiated against the applicant including the impugned charge-sheet and
cognizance/summoning order are liable to be quashed by this Court. It is
further submitted that the FIR of the present case was lodged on
30.12.2022 in respect of the alleged incident dated 27.10.2022, and no
plausible explanation has been given by the prosecution. A malicious
prosecution was launched by the victim of the present case on account of
previous enmity. The victim of the same case had lodged an NCR under
Section 155 Cr.P.C. on 30.10.2022 in respect of the incident dated
29.10.2022, but no allegation was levelled in the NCR dated 30.10.2022
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that any incident had taken place with her on 27.10.2022. Therefore,
considering this fact and other facts, the Investigating Officer submitted a
final report in this case, which has been appended as Annexure No.13 to
the application. However, further investigation was conducted by the
Investigating Officer, and false statements were recorded by him, and the
witnesses who were earlier examined by the Investigating Officer,
changed their version and levelled false allegations against the applicant.

4. Per contra, learned AGA for the State as well as learned counsel for
opposite party no.2 vehemently opposed the prayer as made in the
application and rebutted the stand taken up by learned counsel for
applicant by way of submitting that the averments whatsoever has been
raised by learned counsel for applicant is subject matter of trial and
submitted that after considering the material available on record, charge-
sheet has been submitted against the applicant upon which learned court
concerned has rightly taken cognizance and summoned the applicant.

5. It is further submitted by the learned counsel for the opposite party no.
2 as well as the A.G.A. that the victim, in her statements recorded under
Sections 161 and 164 Cr.P.C., has categorically stated that she was
subjected to rape by the applicant and ignoring the statements of the
victim, the Investigating Officer, in connivance with the applicant,
wrongly and illegally submitted a final report, which was not accepted by
the court concerned, and thereafter a charge sheet was submitted after due
investigation on 21.12.2024. The learned court concerned, rightly and
correctly considering the material available in the case diary, took
cognizance of the offence vide order dated 24.04.2025. The disputed
questions of fact cannot be considered by this Court in this jurisdiction.
This Court cannot appreciate the material available on record, and it is
only required to see whether any prima facie offence is made out against
the applicant or not. It is further submitted that, from the perusal of the
statements of the witnesses, including the victim, a prima facie offence is
made out. Therefore, no interference by this Court at this stage is
required.

6. After hearing rival submissions extended by learned counsel for the
parties and by bare perusal of record, there appears to be no illegality and
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                                    impropriety in the impugned charge-sheet and cognizance/summoning
                                    order and as such learned court concerned has rightly proceeded against
                                    the applicant.

                                    7. In view thereof, the instant application under Section BNSS lacks merit
                                    and is hereby dismissed.



                                                                                     (Vivek Kumar Singh,J.)
                                    April 23, 2026
                                    Radhika




Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad