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2025 DAILYLAW 16112 (ALL)

MUNIM v. STATE OF U.P. AND ANOTHER

NA528/4410/2025 · 2025-08-21

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144569 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4410 of 2025 Applicant :- Munim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nikhil Pratap Singh,Sharad Chand Rai Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application has been filed by the applicant for quashing the charge-sheet dated 30.05.2024 and summoning order dated 11.09.2024 and 11.10.2024, arising out of Case Crime No. 290 of 2024 under Sections 147, 148, 323 and 504 I.P.C., Police Station Kishni, District Mainpuri on which the court concerned has taken cognizance on 24.01.2024 and further proceeding of Case No. 21943 of 2024, (State Vs. Munim and others), under Sections 147, 148, 323 and 504 I.P.C., Police Station Kishni, District Mainpuri, pending in the court of Chief Judicial Magistrate Mainpuri initiated in pursuance of submission of charge-sheet. 3. It is submitted by learned counsel for the applicant that as per the allegations in the first information report it is alleged that the accused including the applicant have assaulted the informant and his family members and as a result of the same injuries have been sustained. Learned counsel for the applicant further submits that injuries are simple in nature and perusal of the first information report would go to show that applicant was with the pets, however, learned counsel for the applicant submits that applicant does not have any pets and the allegations are false and he was not present at the time of occurrence of the incident. 4. The argument raised by learned counsel for the applicant involve factual controversies which cannot be decided in the application under Section 528 BNSS and the same are required to be established at the stage of trial. 5. Accordingly, the application under Section 528 BNSS is dismissed. Order Date :- 22.8.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad