Dismissed¶16

Shyam v. State of U.P. and Another

Allahabad HC12 May 2026NA528/18440/2026

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application dismissed; chargesheet 13.7.2020; cognizance/summoning order 15.7.2020; S.T. No. 581 of 2024 (State vs. Shyam); Case Crime No. 63 of 2020; Sections 363, 366, 376, 506 IPC; kidnapping; rape; Police Station Mant; District Mathura; Additional Session Judge / Fast Track Court No. 1 Mathura; charge framed; trial ongoing; prosecution witness examined 16.10.2024; victim statement Section 161 Cr.P.C.; Section 164 Cr.P.C.; notary marriage 14.5.2020; latches/delay; no illegality in charge-sheet; Vivek Kumar Singh, J.; Allahabad High Court; May 12, 2026.

What did the court decide?

On hearing rival submissions and perusal of the record, there is no illegality or impropriety in the impugned charge-sheet and cognizance/summoning order, and the court concerned has rightly proceeded against the applicant. ¶15

Shyam vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 18440 of 2026

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Shyam

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	Versus		.....A	pplicant(s)
State of U.P. and Another			..	...Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Arvind Tripathi : G.A.	Kumar	Shukla,	Monarch

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Court No. - 80

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HON'BLE VIVEK KUMAR SINGH, J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State perused the record.

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This application has been filed by the applicant to quash the chargesheet dated 13.7.2020 as well as cognizance / summoning order dated 15.7.2020 and entire criminal proceeding of S.T. No. 581 of 2024 (State vs. Shyam) arising out of Case Crime No. 63 of 2020, under Sections 363, 366, 376, 506 IPC, Police Station Mant, District Mathura pending before Additional Session Judge / Fast Track Court No. 1, Mathura.

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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. Learned counsel for the applicant further submitted that when statement of the victim was recorded under Section 161 Cr.P.C. she stated that the offence of rape was not committed with her but later on she developed her story and levelled allegation of rape when her statement under Section 164 Cr.P.C. was recorded. It is further submitted that there was a love affair between the applicant and the victim and a notary marriage was

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NA528 No. 18440 of 2026

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solemnized between them on 14.5.2020. The applicant has been implicated in the present case due to ulterior motive. No offence is made out against the applicant.

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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 the order of cognizance as well as charge-sheet have been challenged in this case. The charge has already been framed, which has not been challenged by the applicant and now trial is going on and statement of the prosecution witness was recorded on 16.10.2024, a copy of which has been appended along with supplementary affidavit. At this stage, no interference is warranted by this Court. A prima facie offence is made against the applicant and the victim has categorically stated in her statement recorded under Section 164 Cr.P.C. that the applicant has committed rape on her and she was kidnapped by the applicant and other co-accused. The latches have not been properly explained by the applicant. The charge-sheet was submitted in the year 2020 and the present application has been filed on 20.1.2026. A prima facie offence is made out from perusal of the statement of the victim and the charge-sheet cannot be quashed at its threshold.

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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.

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In view thereof, the instant application under Section 528 B.N.S.S. lacks merit and is hereby dismissed.

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(Vivek Kumar Singh,J.)

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May 12, 2026 Lalit Shukla

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

Shyam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shyam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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