Dismissed¶19

Mohammad Anas @ Mo. Anas Ansari v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Allahabad HC9 Oct 2025NA528/1315/2025

Case brief

AI extract

What is this about?

Allahabad High Court Lucknow Bench, Rajeev Singh J., 09.10.2025 — Application U/S 528 BNSS No. 1315 of 2025 dismissed; quashing of summoning order 27.08.2025, charge sheet and proceedings in Case Crime No.382/2025 under Sections 69, 351(2) BNS refused; Section 69 BNS (sexual intercourse by deceitful means) distinguished from consensual-relationship precedents; post-charge-sheet examination of investigation evidence impermissible at this stage.

What did the court decide?

The judgments relied upon by the applicant's counsel have no relevance for the offence under Section 69 BNS, Section 69 having been introduced in BNS to deal with offences of sexual intercourse by employing deceitful means. ¶19

Mohammad Anas @ Mo. Anas Ansari Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 528 BNSS No. - 1315 of 2025

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Mohammad Anas @ Mo. Anas Ansari

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another

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.....Opposite Party(s) Counsel for Applicant(s) : Shiv Sharan Singh Counsel for Opposite Party(s) : G.A., Kalapanath, Vijay Kumar

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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Heard learned counsel for the parties and perused the record.

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This petition has been filed with the prayer to quash the summoning order dated 27.08.2025, issued by learned Additional Chief Judicial Magistrate IInd Lakhimpur Khiri, in Criminal Case No.3352 of 2025, State vs. Mo. Anas Ansari, in Case Crime No.382/2025, under Section 69, 351 (2) BNS, registered at P.S. Khiri, District Khiri. Further prayer has been made to quash the charge sheet relating to case crime no.382/2025, under section 69, 351 (2) BNS, registered at P.S. Khiri, District Khiri. Further prayer has been made to quash the proceedings arising out of Criminal Case No.382/2025, under Sections 69, 351 (2) BNS, registered at P.S. Khiri, District Khiri, pending before the learned Additional Chief Judicial Magistrate IInd Lakhimpur Khiri.

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Supplementary affidavit filed by the learned counsel for the applicant is taken on record.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case as during the course of investigation writ petition was filed for quashing of the FIR in which the protection was granted and he cooperated in the investigation. Thereafter without considering the evidences in the correct perspective charge sheet was submitted by the Investigating Officer and he further submitted that prosecution in question is a process of blackmailing.

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Counsel for the applicant also relied on the judgment of Hon'ble Supreme Court in the case of Amol Bhagwan Mehul vs. State of Maharashtra and Others in SLP (Criminal) No. 10044/2024 and Batlanki Keshav Kumar Anurag vs. State of Telangana and another (2025) SCC online 1258 and submitted that the victim was in consensuous relationship, therefore, no offence is made out, therefore, impugned proceedings may be quashed.

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NA528 No. 1315 of 2025

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Learned A.G.A. as well as learned counsel for the complainant vehemently opposed the prayer of the applicant and submitted on 07.10.2025 on the instructions of petitioner learned counsel for the applicant stated before this Court that petitioner is ready to solemnize 'nikah' with the victim but today he is denying and he further submitted all defence argument of the applicant cannot be considered at this stage as the victim has categorically supported the prosecution version and the alleged offence under Section 69 as well as 351 (2) BNS chargesheet has already been submitted, therefore, considering the submissions of learned counsel for the parties and going through the contents of the petition as well as other relevant documents as it is undisputed fact that the FIR of the case in question was challenged before the writ Court in which the protection was granted to the petitioner from arrest. After detailed investigation the charge sheet has already been filed. As in the recent judgment of the Hon'ble Supreme Court it is held that once the charge sheet is filed and cognizance is taken for the offences under section 69, 351 (2) BNS. As it is well settled by the Hon'ble Supreme Court in the case of CBI vs. Aryan Singh reported in (2023) SCC OnLine SC 379 that evidence collected by the Investigating Officer cannot be examined at this stage.

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Learned A.G.A. as well as learned counsel for the complainant submitted that the judgments relied by the learned counsel for the petitioner also are not applicable in the present case as in BNS Section 69 is added for dealing with such cases related to the offences of sexual intercourse by employing deceitful means.

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Considering the submissions of learned counsel for the parties and going through the contents of petition as well as annexures and the judgment relied by the learned counsel for the applicant as Section 69 is introduced in BNS for dealing with offences of sexual intercourse by employing deceitful means. As the judgment relied by the learned counsel for the applicant have no relevance for the offence of Section 69 BNS and after detailed investigation charge sheet has already been filed by the Investigating Officer and the relevant evidence cannot be examined at this stage, therefore, the petition is misconceived and the same is hereby dismissed. October 9, 2025 mks

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(Rajeev Singh,J.)

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Anas @ Mo. Anas Ansari v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Case brief

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Mohammad Anas @ Mo. Anas Ansari v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Case brief

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What the court decided

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