Neutral Citation No. - 2025:AHC:19364 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4020 of 2025 Applicant :- Lal Bahadur Pathak And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Tiwari,Mrityunjay Datta Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Mrityunjay Datta Tiwari, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the State- respondent. 2. This application under Section 5288 BNSS has been filed by the applicant to quash the entire proceedings of Case No. 1321 of 2024 (State Vs. Lal Bahadur Pathak and others), arising out of case crime no.0114 of 2024, under Sections 147, 148, 323, 504, 506 and 324 IPC Police Station- Sikrara, District Jaunpur pending before the court of learned Additional Chief Judicial Magistrate, Court No.5, Jaunpur. 3. Learned counsel for the applicants submits that a first information report stood lodged by the applicants faction on 05.05.2024, under Sections 323, 324, 504, 506 and 308 IPC being FIR No.0113 relatable to the commission of the offense by the informant faction on 05.05.2024, as a counter blast, the opposite party has also lodged the FIR on 05.05.2024 being FIR No. 0114 of 2024, under Sections 147, 148, 323, 504, 506 and 324 IPC. He submits that though injuries have been sustained as apparent from the injury report by the first informant side but the applicants faction have also sustained injuries. He further submitted that it is a case of malicious prosecution. 4. Learned AGA on the other hand submits that once there is a cross FIR then the factum occurrence of the incident cannot be ruled and in the present case, there are injuries sustained by the first informant faction. 5. I have heard the learned counsel for the parties and perused the record. 6. I am of the opinion of the court, 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. 7. At this stage, learned counsel for the applicants seek a direction for expeditious disposal of the application for enlargement on bail. 8. Learned AGA has no objection to the same. 9. 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 :- 10.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad