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Neutral Citation No. - 2025:AHC:21522 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3682 of 2025 Applicant :- Sidhari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Krishna Mishra, Ramesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Ramesh Chandra Yadav, learned counsel for the applicants and Sri J.P. Gupta, learned AGA for the State.
2. This is an application under Section 528 of BNSS filed for quashing
the
charge
sheet
dated
23.04.2023, Cognizance/Summoning order dated 22.06.2023 and proceedings of Case No. 3020 of 2023 (State Vs. Ashok Maurya) arising out of Case Crime No. 39 of 2023, under Sections 323, 504, 506 and 308 IPC, Police Station Atrauliya, District Azamgarh pending in the Court of learned Judicial Magistrate, Court No. 26, Azamgarh.
3. Learned Counsel for the applicants submits that FIR relates to commission of crime under Section 323, 504, 506, 325, 308 IPC whereby the allegation is that the father of the opposite party No. 2 was administered beating by the applicants pursuant whereto he sustained injuries, injury report shows that the injuries have been sustained learned counsel for the applicant submits that no such incident took place.
4. Learned AGA, on the other hand, submits that injuries are born out from the record and whatever the contentions are they revolve around factual scores.
5. The Court is of the opinion that cognizable offenses are made out from the FIR and whatever arguments are being sought to be raised centers around factual issues which cannot be gone into the present proceedings. Thus, interference is declined and the application is consigned to record.
6. At this stage, learned counsel for the applicants submits that suitable direction be issued in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail.
7. In the opinion of the Court, once a bail 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 :- 14.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad