Neutral Citation No. - 2025:AHC:23990 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3947 of 2025 Applicant :- Sharad Chand Mishra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghvendra Pratap,Vikas Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Raghvendra Pratap, learned counsel for the applicants and Sri Kuldeep Singh Chauhan, learned AGA for the State-respondent. 2. This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings of Case No. 3805 of 2024 (State Vs. Sharad Chand Mishra and others), arising out of case crime no. 298 of 2024, under Sections 115(2), 352, 110 BNS Police Station- Kotwali, District Basti, pending before the court of learned Chief Judicial Magistrate, Basti. 3. Learned counsel for the applicants submits that though the FIR has been lodged by the opposite party no. 2 against the applicants, under Section 115(2), 352, 110 of the BNS on 25.07.2024 at 13:11 hours but the body of the FIR as en-capsuled in para 12 does not disclose the time and date on which the said incident took place, whereby beating and hurling of abuses were made upon the family member of the opposite party no. 2. Learned counsel for the applicants submits that this is nothing but a counter-blast as on 26.07.2012 at 13.28 hours and an FIR stood lodged by the applicants faction against the opposite party no. 2 under Sections 324, 115(2), 352, 351 (2), 296 BNS, page 88 of the paper book. He submits that it is a case of false implication. He further submits that though the injuries are simple in nature. 4. Learned AGA disputes the same while giving up with the stand that while inviting attention page 42 so as to contend that the injured has sustained total three injuries and one of the injury was sought to be referred for X-ray and the X-ray report is at the page 44 of the paper book, according to which, there was no bone injury found. He submits that the defences which are being sought to be taken by the applicants cannot be gone into. I have heard the learned counsel for the parties and perused the record. 5. I am of the opinion of the court that offences are made out, particularly, in view of the fact that injuries are already there and so far as the issues sought to be raised by the applicants with regard to non-mention of the date and time of the incident in para 12 is concerned, the same would not be of any relevance in the particular case, wherein the FIR shows the lodging on 13:11 hours on 25.07.2021, moreover the factual issues cannot be gone into. Thus, interference is declined and the application is consigned to record. 6. In the opinion of the Court, once a bail/ discharge application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 18.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad