KAPIL UPADHYAYversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 51546 of 2025

Kapil Upadhyay
                                                            .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Aditi Tripathi, Vijay Tripathi
Counsel for Opposite Party(s) : Chandan Yadav, Dipanshu Kushwaha,
                                G.A.

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

1. Heard learned counsel for the applicant, learned A.G.A. for the State-
opposite party no.1 and perused the record.

2. None appears on behalf of opposite party no.2 even in the revised call.

3. This application has been filed by the applicant to quash the impugned
charge sheet dated 14.07.2025 and summoning/cognizance order dated
17.09.2025 as well as entire proceedings of Case No. 19382 of 2025,
arising out of Case Crime No. 285 of 2025 (State Vs. Kapil Upadhyay)
under Sections 69, 70(1), 115(2), 351(3) of BNS, Police Station Tajganj,
District Agra, pending in the court of Chief Judicial Magistrate, District
Agra.

4. 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 a false FIR was lodged against the applicant and
that the victim was in a consensual relationship with him. However, false
allegations were levelled against the applicant as well as the other co-
accused. The Investigating Officer, after due investigation, exonerated co-
accused Shambhudayal and Yogesh. It is further submitted that a money
                                                                                          NA528 No. 51546 of 2025
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                                    dispute has been converted into a case of gang rape. Earlier, the police
                                    was called by the victim on 07.04.2025, and it was only stated that the
                                    applicant had physically assaulted her. Police officers Nareshpal Singh
                                    and Amit Kumar stated that the victim had only alleged physical assault
                                    by the applicant and had not made any allegation in respect of rape.

                                    5. 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 that it is a case of gang rape and the
                                    victim was subjected to rape by four persons. The victim in her statements
                                    recorded under Sections 180 and 183 BNSS has categorically stated that
                                    she was subjected to rape by the applicant and co-accused Jitendra,
                                    Shambhudayal and Yogesh. The victim did not narrate the entire story to
                                    the police officers on 07.04.2025 since her prestige was at stake. A prima
                                    facie case is made out against the applicant from the perusal of the
                                    statements recorded under Sections 180 and 183 BNSS and since it is a
                                    case of gang rape, the charge sheet in this case cannot be quashed.

                                    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
                                    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 528 BNSS lacks
                                    merit and is hereby dismissed.



                                                                                      (Vivek Kumar Singh,J.)
                                    May 7, 2026
                                    Radhika




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