Dismissed¶13

Mohit Shukla and 4 Others v. State of U.P. and Another

Allahabad HC26 May 2025NA528/14670/2025

Case brief

AI extract

What is this about?

Quashing application u/S 528 BNSS dismissed; charge-sheet 11.01.2025 and cognizance order 02.04.2025 upheld; Case Crime No. 181 of 2024; Sections 191(2), 115(2), 352, 351(2), 69 BNS 2023; P.S. Bahariya, Prayagraj; victim statement u/S 183 BNSS; sparse exercise of quashing power; prima facie case at cognizance stage; Allahabad High Court; Vinod Diwakar, J.; decided 27.5.2025.

What did the court decide?

The allegations against the applicants are specific and require adjudication during the course of trial. ¶11

Mohit Shukla and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:89863

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Court No. - 76

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Case :- APPLICATION U/S 528 BNSS No. - 14670 of 2025

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Applicant :- Mohit Shukla And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishnendu,Ved Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State-respondent, and perused the material available on record.

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The present application has been filed seeking quashing of the charge-sheet dated 11.01.2025 and the cognizance order dated 02.04.2025, arising out of Case Crime No. 181 of 2024, titled State v. Mohit Shukla and Others , under Sections 191(2), 115(2), 352, 351(2), and 69 of the Bharatiya Nyaya Sanhita, 2023, Police Station Bahariya, District Prayagraj.

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Learned counsel for the applicants submits that the allegations are false and have been levelled with the ulterior motive of usurping the applicant's property. It is contended that the applicant has been falsely implicated due to personal enmity, as he allegedly refused a marriage proposal from the victim. It is further submitted that the victim's matrimonial life was already strained, which has no connection with the applicant, and the FIR is based on concocted and motivated allegations.

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In response, learned A.G.A. has drawn the attention of the Court to the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is pointed out that the said statement discloses specific and serious allegations,

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including that of forcible sexual assault. A plain reading of the said statement, recorded before the Magistrate, reveals that a prima facie case is made out against the applicants.

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Having considered the rival submissions and upon perusal of the record, including the statement recorded under Section 183 B.N.S.S., this Court is of the view that the allegations are specific and require adjudication during course of trial. The power to quash criminal proceedings under Section 528 B.N.S.S. is to be exercised sparingly and only in cases where the allegations do not disclose any cognizable offence or where the proceedings are manifestly attended with mala fide or malicious intent. The present case does not fall within those exceptional categories warranting interference at the pre-trial stage.

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This Court also cannot overlook the settled principle that at the stage of cognizance, a Magistrate is only required to be satisfied that a prima facie case exists. A detailed analysis of the evidence or evaluation of the defence cannot be undertaken at this stage.

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The instant application is devoid of merits, and is accordingly, dismissed.

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Order Date :- 27.5.2025 Anil K. Sharma

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Vinod Diwakar, J.

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Mohit Shukla and 4 Others v. State of U.P. and Another

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Mohit Shukla and 4 Others v. State of U.P. and Another

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