Neutral Citation No. - 2025:AHC:12153 Court No. - 71 Case :- APPLICATION U/S 482 No. - 40222 of 2024 Applicant :- Rajesh Yadav And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Indrapal Counsel for Opposite Party :- G.A.,Saurabh Kumar Tiwari Connected With Case :- APPLICATION U/S 482 No. - 36651 of 2023 Applicant :- Avadhesh Kumar Maurya And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Tiwari,Saurabh Kumar Tiwari Counsel for Opposite Party :- Amar Chandra,G.A.,Indrapal,Manik Chandra Yadav Hon'ble Rajeev Misra,J. Heard Mr. Indrapal, the learned counsel for applicants in Criminal Misc. Application No. 40222 of 2024 (Rajesh Yadav and 2 others Vs. State of U.P. and another) and Mr. Varun Mishra, Advocate, holding brief of Mr. Saurabh Kumar Tiwari, the learned counsel representing first informant opposite party 2. I have also heard Mr. Varaun Mishra, Advocate, holding brief of Mr. Saurabh Kumar Tiwari, the learned counsel for applicant in Criminal Misc. Application under Section 482 Cr. P. C. No. 36651 of 2023 the learned A.G.A. for State and Mr. Indrapal, the learned counsel representing first informant opposite party 2. Perused the record. Record shows that in respect of an incident, which is alleged to have occurred on 8.6.2023, a delayed F.I.R. dated 7.9.2023 was lodged by first informant opposite party 2 Awadesh Maurya in Criminal Misc. Application No. 40222 of 2024 and was registered as Case Crime No. 0195 of 2023, under Sections 323, 504, 325 IPC. In the aforesaid F.I.R. 4 persons namely Rajesh Yadav, Narendra Maurya, Anupam Maurya and Arun Maurya have been nominated as named accused. In respect of the same occurrence, another F.I.R. dated 8.6.2023 was lodged by first informant opposite party 2 in Criminal Misc. Application under Section 482 Cr. P. C. No. 36651 of 2023 (Avadhesh Kumar Maurya and 3 Others Vs. State of U.P. and another) and was registered as Case Crime No. 0117 of 2023 under Sections 323, 504, 506, 308 IPC. In the aforesaid F.I.R. four persons namely Awadehesh Kumar Maurya, Aman Maurya, Satyanarayan Yadav and Rajesh Kumar Yadav have been nominated as named accused. On the above premise, the learned A.G.A. submits that it is apparent that in respect of the same occurrence cross F.I.Rs. have been lodged by both the parties. As such, occurrence is admitted to the parties. In view of above, the primary issue which is to be answered by Court below is as to who is the aggressor. Such question cannot be decided by Court below in isolation i.e. in absence of either of the parties. The learned A.G.A. thus urged that no indulgence be granted by this Court in present application. When confronted with above, the learned counsel for applicants could not overcome the same. Having heard the learned counsel for applicants, the learned A.G.A. for State, the learned counsel representing first informant opposite party 2 and upon perusal of record, this Court finds that the objection raised by the learned A.G.A. in opposition to this application are already born out from the record and furthermore, the same could not be dislodged by the learned counsel for applicants. In view of above, on good ground exists to entertain the present applications. As a result, both the applications fail and are liable to be dismissed. The applications are, accordingly, dismissed. Order Date :- 23.1.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad