Neutral Citation No. - 2025:AHC:47966 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 4220 of 2025 Applicant :- Saudan Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey,Phool Chandra Saroj Counsel for Opposite Party :- G.A.,Kuldeep Singh Chahar Hon'ble Vikas Budhwar,J. 1. Heard Sri Phool Chandra Saroj, learned counsel for the applicants, who are 4 in number, Sri S.K. Singh, learned AGA for the State and Sri Kuldeep Singh Chahar, learned counsel for the opposite party no.2. 2. A joint statement has been made by learned counsel for the parties that they do not propose to file any additional affidavits and the application be decided on the basis of documents available on record. 3. With the consent of the parties, application is decided at the fresh stage. 4. This is an application filed under Section 528 BNSS for quashing the summoning order dated 27.11.2024 passed by Additional Sessions Judge/Special Judge (SC/ST Act), Agra along with quashing of the proceeding of Complaint Case No.64 of 2024, under Sections 323, 504, 506 IPC & Section 3(2) 5Ka SC/ST Act, Police Station Fatehpur Sikri, District Agra. 5. Learned counsel for the applicants has submitted that prior to lodging of the impugned FIR on 6.10.2021 at 17.24 hours before Police Station Fatehpur Sikri, District Agra being FIR No.0248 of 2021 referable to the commission of the offences on 14.03.2021 at 8:00 in the morning by the opposite party No.2, there happened to be a FIR lodged by the police being FIR No.0048 of 2021 at 18:34 hours on 14.3.2021 relatable to the commission of the offences on 14.03.2021 against the applicant no.1, 2 and 3 and the opposite party No.2 and others with an allegation that on 14.03.2021 at 16:33 hours when the police was in its routine surveillance activity then at the place of incident there was rukus and when the police officials came to the place of incident then the applicant No.1 and the opposite party No.2 was fighting with regard to a drain and foul smell and beating was administered between them and they were pelting stones. 6. When the police officials tried to pacify the same, they did not stop and kept on fighting and, thereafter, fled from the place of incident. Accordingly, an FIR was lodged under Sections 147, 148, 149, 323, 336 and 506 IPC. 7. Learned counsel for the applicants has submitted that now the impugned FIR has been sought to be lodged by the opposite party No.2 against the applicant on 06.10.2021 being FIR No.0248 of 2021 relatable to the commission of offences on 14.03.2021 at 8:00 in the morning under Sections 323, 504, 506, 452, 308 IPC & Section 3(2) 5Ka of the SC/ST Act. 8. Submission is that with respect to the same incident which stood occurred on 14.03.2021. the second FIR would not be maintainable as it is nothing but the grossest misuse of the process of law, particularly, when the said FIR had been lodged by an enormous delay and, further, while inviting attention towards the rejoinder affidavit, it is being sought to be contended that Annexure No.1 which start from page 5 to 17 is the Medico Legal Examination of the injured Pooja daughter of opposite party No.2. 9. Learned counsel for the applicants has submitted that the said medical examination was conducted at 10:45 hours in the morning, thus, it is relatable to the FIR lodged by the police on 14.03.2021 and not with the present FIR. He further submitted that the applicants cannot be subjected to multiple criminal proceedings with reference to one incident. 10. Sri Chahar, Advocate who appears for the opposite party No.2 has countered the submission of the learned counsel for the applicants. He has submitted that a bare perusal of the FIR No.0048 of 2021 dated 14.03.2021 lodged by the police against the applicants and the opposite party No.2 would show that the incident was in the evening i.e. 16:33 hours and the said FIR itself relates that there was no Medico Legal Examination even worth noticed as according to him, the narration in the FIR discloses that applicants and the opposite party No.2 fled from the site in question. 11. Learned counsel for the applicant has submitted that offences are made out in pursuance of the present FIR being No.0248 of 2021 lodged on 06.10.2021, particularly, when the incident shown is at 8:00 in the morning on 14.03.2021, wherein, beating was administered and caste based abuses were also hurled. He submits that on the basis of the averments made in the counter affidavit that there happens to be a medical report showing the Medico Legal Examination conducted on 10:45 AM which is tallying with the date and the time of the incident being 8:00 in the morning on 14.03.2021. He further submits that since the FIR was not being lodged so the complaint for lodging of the FIR was lodged and, thereafter, the Medico Legal Examination was done on 14.03.2021 at 10:45 AM through the police/Home Guard and the same is not a medical examination by own. 12. Learned AGA has supported the arguments so sought to be advanced by learned counsel for the opposite party No.2 and according to him offences are made out. 13. I have heard learned counsel for the parties and perused the record carefully. 14. The sole question which arises for determination in the present proceedings is to the extent of judicial intervention at this stage. 15. Apparently, there happens to be two FIRs, one dated 14.03.2021 filed by the police against the applicants and the opposite party No.2 relatable to the offences on 14.03.2021 at 16:33 hours and the second FIR is of the opposite party No.2 against the applicants on 16.10.2021 relatable to the commission of offences on 14.03.2020 8:00 in the morning. The FIR lodged by the police on 14.03.2021 does not in any manner show that the applicants or the opposite party No.2 were taken into custody or they were confined as rather to the contrary that the narration in the FIR shows that the applicants as well as the opposite party No.2 fled from the spot in question. 16. So far as the present FIR is concerned the same relates to the incident at 8:00 in the morning on 14.03.2021, the Medico Legal Report also suggests that the offence fraction was put to Medico Legal Examination at 10:45 am on 14.03.2021 through the Home Guard, meaning thereby, it cannot be interfered that it was a medical examination on self basis. 17. Thus, the arguments of the learned counsel for the applicants that they have been subjected to multiple criminal proceedings with respect to one incident is at the present stage not convincing. So far as the fact as to whether the applicants are innocent or not, the same is a matter of trial which cannot be seen in the present proceedings. 18. Accordingly, no case is made out to interfere in the present case. 19. Application is rejected. 20. Rejoinder affidavit filed today is taken on record. Order Date :- 3.4.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad