Allahabad High Court

AKHILESHversusSTATE OF U.P. AND ANOTHER

Decided: 6 May 2026
Bench: VIVEK KUMAR SINGH

Holding

The charge‑sheet and cognizance order cannot be quashed; the application under Section 528 BNSS is dismissed.

Summary

The applicants filed applications under Section 528 BNSS seeking to quash the charge‑sheet dated 29‑06‑2025, the summoning order dated 06‑08‑2025, and the entire criminal proceeding (Criminal Case No. 117 of 2025) relating to alleged offences including rape. The applicants contended that the FIR did not initially allege rape, that the victim’s statement under Section 180 BNSS lacked such allegation, and that the rape claim was only made after arrest, indicating false implication. The State opposed, arguing that the victim’s later statement under Section 183 BNSS, corroborated by injuries, established a prima facie case and that the charge‑sheet was properly filed. The Court examined the record, found that the FIR and victim statements disclosed a prima facie offence, and held that the charge‑sheet and cognizance order could not be quashed at this stage. Consequently, the applications under Section 528 BNSS were dismissed.

Issues considered

Whether the charge‑sheet and cognizance/summoning order can be quashed under Section 528 BNSS on the ground of lack of material evidence.
Whether the FIR and victim’s statements establish a prima facie case justifying continuation of the criminal proceedings.
Whether the trial court should intervene to quash the proceedings at the pre‑trial stage.

Legislation cited

B.N.S.S. — s. 528
Code of Criminal Procedure, 1973 — s. 180, 183
Indian Penal Code — s. 115(2), 191(2), 305, 333, 351(2), 352, 64, 74

Subjects

quash
charge-sheet
Section 528
prima facie case
rape allegation
investigation
cognizance order
dismissal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 47865 of 2025

Akhilesh
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ray Sahab Yadav
Counsel for Opposite Party(s) : G.A., Mata Achal Mishra, Vinay
Mishra

Connected with

APPLICATION U/S 528 BNSS No. - 47483 of 2025

Rohit Kumar Gautam And 3 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ray Sahab Yadav
Counsel for Opposite Party(s) : G.A., Mata Achal Mishra, Vinay
Mishra

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

1. Heard Sri Ray Sahab Yadav, learned counsel for the applicants, Sri
Vinay Mishra, learned counsel appearing for the opposite party no. 2 and
Sri Ajay Singh, learned A.G.A. appearing for the State.

2. These applications have been filed under Section 528 BNSS for
quashing the charge-sheet dated 29.6.2025 as well as summoning order
dated 6.8.2025 and entire proceeding of Criminal Case No. 117 of 2025
(State vs. Akhilesh and others) arising out of Case Crime No. 58 of 2025,
under Sections 191(2), 115(2), 352, 351(2), 74, 333, 64, 305 BNS, Police
Station Pawara, District Janpur pending before Additional Chief Judicial
Magistrate-V, Court No. 16, Jaunpur.

3. Learned counsel for the applicants submitted that the proceeding
NA528 No. 47865 of 2025
2

initiated against the applicants is illegal and against the material available
on record; the material of investigation does not disclose commission of
any alleged offences against the applicants and as such the proceedings
initiated against the applicants including the impugned charge-sheet and
cognizance/summoning order are liable to be quashed by this court.
Learned counsel for the applicants further submitted that no allegation has
been levelled in the first information report, which was lodged on
13.5.2025 in respect of alleged incident dated 11.5.2025, wherein report
was sent by the police on 12.5.2025 against the applicant Akhilesh
Gautam and victim Pooja Ojha. On that date no allegation of rape was
levelled by the victim. The statement of the victim was recorded under
Section 180 BNSS, wherein too she did not allege that rape was
committed on her. No witness during the course of investigation was
launched that the victim was subjected to rape by the applicants. Once the
applicants obtained arrest order by this Court on 19.6.2025, the victim
made her story and allegation of rape was first time levelled by her in her
statement recorded under Section 183 BNSS. The victim is a married lady
and no such kind of incident had ever taken place. The applicants have
been falsely implicated on account of previous enmity. The trivial dispute
between the applicants and the victim have been converted into offence of
rape.

4. Per contra, learned AGA for the State 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. It is further submitted by learned counsel appearing for the
opposite party no. 2 and learned A.G.A. appearing for the State that the
injuries on the body of the victim are corroborating the first information
report version and the police was not conducting fair investigation and did
not lodge the first information report in proper sections. The victim, when
produced before the learned Magistrate, narrated the entire incident and
she stated that offence of rape was committed on her by the applicants. It
NA528 No. 47865 of 2025
3

is further submitted that the present application is liable to be dismissed.

5. After hearing rival submissions extended by learned counsel for the
parties and by bare perusal of record, there appears to be no illegality and
impropriety in the impugned charge-sheet and cognizance/summoning
order and as such learned court concerned has rightly proceeded against
the applicant. From perusal of the first information report as well as
statements of the victim recorded during the course of investigation a
prima facie offence is made against the applicants and charge-sheet
cannot be quashed at this stage. It is the domain of the trial court, who
will pronounce the judgment after appreciation of evidence recorded
during the course of investigation.

6. In view thereof, these applications under Section 528 B.N.S.S. lacks
merit and are hereby dismissed.

(Vivek Kumar Singh,J.)
May 7, 2026
Lalit Shukla

Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad

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