Neutral Citation No. - 2025:AHC:25246 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3544 of 2025 Applicant :- Purshottam Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abdul Majeed,Sufia Saba Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Mrs. Sufia Saba, learned counsel for the applicants, who are four in number and Mr. Ramesh Kumar, learned A.G.A. appearing on behalf of the State-respondent. 2. This application has been filed u/s 482 Cr.P.C. for quashing the cognizance order dated 28.02.2024 passed by Chief Judicial Magistrate, Rampur in Criminal Case No. 3008 of 2024 (State Vs. Purshottam and others) Under Section 323, 325 I.P.C. Police Station- Civil Lines, District- Rampur, arising out of Charge-sheet No. 66 of 2023 Dated 05.03.2023 submitted by Investigation Officer after concluding the Investigation of Case Crime No. 519 of 2022 under Section 147, 323 I.P.C. Police Station- Civil Lines, District- Rampur pending before the court of Chief Judicial Magistrate, District Rampur. 3. Learned counsel for the applicants submits that an F.I.R. stood lodged on 04.11.2022, being F.I.R. No. 0519 against the applicants who are four in number along with three others and four to five unknown accused, under Sections 147, 323 IPC relatable to the commission of offence on 03.11.2022 with an allegation that when opposite party No.2 was walking with her pet then the applicants barged along with the other co-accused and thereafter administered beating pursuant whereto injuries were sustained by the informant's faction. Learned counsel for the applicant then invited attention towards page No. 35 of the paper-book so as to contend that so far as injured Uday is concerned, he sustained four injuries, however, injury No.3 was sent for radiological examination wherein drawing attention towards page No.37, it is contended that fracture was found on fifth metacarpal bone. Learned counsel for the applicants further invited attention towards page No.39 and with regard to Poonam, the injuries were simple caused by hard and blunt object. 4. Learned counsel for the applicants next submits that there happens to be independent witnesses according to them, the injured got injury due to falling on floor and not by virtue of any blow. Learned counsel for the applicants next submits that even prior to the lodging of the said F.I.R., an F.I.R. stood lodged on 03.11.2023 under Section 452, 323, 504 against the brother of opposite party No.2 and father of opposite party No.2 relatable to commission of the offences, wherein injuries were sought to be sustained which according to the learned counsel for the applicants is simple in nature. Submission is that present case is nothing but counterblast. 5. Learned AGA on the other hand submits that whatever arguments are being sought to be raised centers around factual issues and the injuries cannot be ruled out. Once there happens to be cross F.I.R. with respect to the same incident then it cannot be said that offences are not being committed. 6. Having heard learned counsel for the parties and after carefully perusing the record, I find that though there happens to be two F.I.R. one lodged against the applicants on a date prior to the day when the F.I.R. stood lodged by the applicants' against the opposite party No.2. However, injuries have been sustained by both the factions, thus, offences are made out. 7. In view of the above, interference to the charge-sheet is declined, the application stands consigned to record. 8. At this Stage, learned counsel for the applicants submits that a direction be issued to consider the bail application of the applicants. 9. Learned A.G.A. submits that once a bail application is preferred then the same shall be decided with most expedition. 10. In view of the said fact, it goes without saying that it is always open for the applicants to seek appropriate bail application and in case such an application is moved, the same shall be decided strictly in accordance with law without granting unnecessary adjournment with most expedition. Order Date :- 20.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad