KAMLESH KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/41735/2024 · 2025-08-12
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109227 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109227 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:137531 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 41735 of 2024 Applicant :- Kamlesh Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Mani Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.
2. The present 528 BNSS application has been filed to quash the
order dated 07.11.2024 passed by the Civil Judge (Junior Division)/Judicial Magistrate Bidhuna, Auraiya in Misc. Case No.253 of 2024, computerized No. UPAU120032592024 (Anil Kumar Vs. Kamlesh Kumar and Others) under Section 173(4) BNSS, P.S. Bidhuna, District Auraiya.
3. Counsel for the applicants submits that instant application has been filed against the order dated 07.11.2024 by which the application of the opposite party no.2 under Section 173(4) BNSS has been allowed directing the concerned police station to register the F.I.R. and investigate the matter against the applicants. It is next submitted that the learned Magistrate, without applying judicial mind and without considering the facts and evidence on record, has passed the order impugned which is illegal, arbitrary and liable to be set aside.
4. Learned A.G.A. vehemently opposed the prayer for quashing of the aforesaid order and submitted that there is no illegality in the
order impugned.
5. Record reveals that the opposite party no. 2 (complainant) has moved an application under Section 173(4) B.N.S.S. with the prayer that Station House Officer (SHO), Police Station-Bidhuna, District Auraiya may be directed to investigate the matter after registering the written complaint of the applicant/complainant.
6. On perusal of the order dated 07.11.2024, no illegality has been found. The learned court below has passed the order impugned,
after going through the complaint, documents and hearing the complainant. The applicants are accused in the present case and have no locus standi to assail the direction for investigation under Section 173(4) B.N.S.S. No ground for quashing the aforesaid
order is made out which may call for any interference by this Court in exercise of its inherent power under Section 528 BNSS.
7. The present application under Section 528 BNSS lacks merit and is, accordingly, dismissed.
Order Date :- 13.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad