Pradeep Chaurasia Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Pradeep Chaurasia Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Neutral Citation No. - 2025:AHC:61277

Court No. - 70

Case :- APPLICATION U/S 528 BNSS No. - 4293 of 2025

Applicant :- Pradeep Chaurasia Opposite Party :- State of U.P. and Another Counsel for Applicant :- D.M.Tripathi,Nagendra Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Sri Nagendra Pratap Singh, the learned counsel for applicant and the learned AGA for State-opposite party-1.

Perused the record.

Applicant- Pradeep Chaurasia, who is a charge-sheeted accused and has now been summoned by court below has approached this Court by means of present application under Section 528 BNSS with the following prayer:

"It is, therefore, Most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and to quash the impugned charge-sheet dated 07.10.2024 as well as summoning order dated 21.11.2024 alongwith entire criminal proceeding of Case No. 53693 of 2024 arising out of Case Crime No. 485 of 2024 (State Vs. Pradeep Chaurasia) under Sections 376, 323, 504, 506 I.P.C. Police StationShahpur, District Gorakhpur, pending in the court of F.T.C.- Ist Gorakhpur.

It is, further prayed that this Hon'ble court kindly be pleased to stay the further may proceedings of aforesaid case, during the pendency of present application before this Hon'ble court, otherwise the applicant shall suffer irreparable loss and injury;

And/or may pass such other orders as this Hon'ble Court may deem fit and proper under the circumstances of the case."

At the very outset, learned AGA submits that applicant is a married person yet in spite of above, by extending a false promise of marriage, he has maintained physical relations with the prosecutrix. In view of the aforesaid distinguishing feature, the judgments of the Apex Court in the case of Prashant Vs. State (NCT of Delhi), 2024 SCC Online SC 3375 and Mahesh Dhamu Khare Vs. State of Maharashtra and another, 2024 SCC Online SC 3375 do not stand attracted. As such, no illegality or

infirmity can be attached to the criminal prosecution of applicant. On the above premise, the learned AGA submits that present application is liable to be dismissed.

When confronted with above, the learned counsel for applicant could not overcome the same.

Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record, but furthermore the same could not be dislodged by the learned counsel for applicant with reference to record. In view of above, no good ground exists to entertain the present application.

As a result, the present application fails and is liable to be dismissed.

It is, accordingly, dismissed .

Order Date :- 22.4.2025

R.S. Tiwari

Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad