Neutral Citation No. - 2025:AHC-LKO:18874 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2073 of 2025 Applicant :- Shaheen Bano Opposite Party :- State Of U.P. Thru. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Saddam Khan,Alok Kumar,Haider Khan,Vinay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant and learned A.G.A for the State and perused the record. 2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with a prayer to quash the impugned entire Criminal proceeding of Criminal Case No. 103396/2024 arising out of Charge sheet no.01 dated 14.07.2024 of First Information Report dated 11.06.2024 registered against him as Case Crime No.0149/2024 under section 307 Indian Penal Code at P.S.-BKT, District Lucknow and also impugned cognizance order dated 16.10.2024 passed on it by the Learned Additional Chief Judicial Magistrate VII, Lucknow by which he has taken cognizance and issued process against the petitioner to face trial, which is illegally, arbitrary, unjust and improper; and with a further prayer to stay the proceeding of Criminal proceeding of Criminal Case No. 103396/2024 arising out of Charge sheet no.01 dated 14.07.2024 of First Information Report dated 11.06.2024 registered against him as Case Crime No.0149/2024 under section 307 Indian Penal Code at P.S.-BKT, District Lucknow pending before the Learned Additional Chief Judicial Magistrate VII, Lucknow. 3. Learned counsel for the applicant has submitted that the respondent no. 2, who is the sister-in-law of the applicant, just to falsely implicate the applicant, has lodged the present F.I.R stating that the applicant had put her mother- in-law i.e. the mother of the complainant on fire due to which she sustained burn injuries. 4. It is further submitted that there was a dispute between the applicant and other family members of her husband as they were demanding dowry and a compromise was also entered into between the parties. 5. On being asked about the copy of the compromise, the learned counsel for the applicant has submitted that the same has not been enclosed. It is further submitted that the applicant has also lodged an F.I.R against her husband and all the family members including the present complainant on 12.06.2024, under Sections 436, 498 A I.P.C and Section 3/4 D.P Act. 6. It is further submitted that the other family members were also present at the time of the alleged incident. The statements of the independent witnesses whose statements were recorded, during the investigation, the copy of which has been enclosed as Annexure No. 8. Shri Sandeep Verma, Sunny Maurya and Vijay Kumar, who are neighbours of the applicant have given the same statements and it is also pointed out that all the alleged eye witnesses have stated that after committing the offence, the applicant had left the house of the applicant and had gone alongwith her maikawalas. 7. On being asked about the injury report, learned counsel for the applicant has submitted that the same is enclosed as Annexure No. 7 to the paper book (page 49) and as per the injury report, there are superficial burn injuries present upon the mother of the complainant. 8. On being asked the learned counsel for the applicant about the statement of the injured witness, he has shown his inability and has stated that the same has not been filed. 9. Shri Aman Dubey, learned counsel, who has put in appearance on behalf of the respondent no. 2, has filed his vakalatnama, which is taken on record, has submitted that the applicant had committed the offence and he has also shown the photographs of the injured having burn injuries. 10. After hearing learned counsel for the parties and going through the record of the case, prima facie it appears that the offence has been committed and the person responsible for committing the said offence under Section 307 I.P.C can only be ascertained only on the basis of evidence and it cannot be decided in absence of the evidence. This Court, under Sections 482 Cr.P.C/528 B.N.S.S cannot hold mini trial, when from the records, it is clear that the mother of the complainant had burn injuries, for that medical report is there which confirms the incident and now for determination of the person who committed the offence cannot be investigated in the proceedings under Section 482 Cr.P.C/528 B.N.S.S. 11. Hence, the present application is hereby dismissed. Order Date :- 4.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench