Neutral Citation No. - 2025:AHC:36697 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6114 of 2025 Applicant :- Anil Mishra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Mr. Mohd Irfan, learned counsel for the applicants, Shri Jyoti Singh, learned A.G.A. appearing on behalf of the State- respondent. 2. This application has been filed U/s 528 BNSS for quashing the charge sheet dated 20.06.2024 and cognizance order dated 10.10.2024 passed by Civil Judge (S.D)/FTC, Rampur as well as the entire criminal proceeding of case no. 709 of 2024 (State vs. Anil Mishra & Another) arising out of Case Crime No.140 of 2024 under Sections 323, 324 & 504 IPC at P.S. Patwai, District- Rampur pending before the Court of Civil Judge (S.D.)/ FTC, Rampur. 3. Learned counsel for the applicants submits that first information report stood lodged against the applicants under section 323, 504 IPC on 07.06.2024 relatable to the commission of the offence on 05.04.2024 being FIR No. 0140 at 9:00 in the morning whereby with respect to parking of a motorcycle ruckus was created and hurling of abuses and further injuries were sustained by the opposite party no.2 fraction. Learned counsel for the applicants further submits that on 05.04.2024 there happens to be a NCR under Section 323, 504 IPC by the applicants side. He further submits that injuries are not so which warrants invocation of the penal provisions. and the applicants are innocent. 4. Learned AGA on the other hand submits that there happens to be an incident and injuries are there then in the circumstances, it cannot be said that no offences are made out. 5. Having regard to the submissions made across the bar, the only question which arises for consideration is the extent of the judicial intervention in the present proceeding at this stage. Apparently, there happens to be a first information report dated 07.06.2024 under Section 323, 504 IPC relatable to the offences on 05.04.2024 and 07.06.2024, page 15 of the paper book itself shows that the complaint stood lodged by the opposite party no.2 fraction on 05.04.2024 pursuant thereto on the orders of the Magistrate under Section 155 (2) Cr.P.C., the FIR stood lodged, thus it cannot be said that there is any delay in lodging the FIR. The applicant has also lodged an NCR on 05.04.2024 which itself shows that the incident stood occurred. Apart from the same, there happens to be injury extended to the opposite party no.2 being simple in nature and to Gaurav the son of opposite party no.2 which is also simple. Once the injuries are there and there happens to be a first information report, the offences are made out, then it would not be appropriate for the Court to interfere in the present proceeding at the stage to scuttle the proceeding. 6. In view of the above, the application rejected at this stage. However, learned counsel for the applicant seeks a direction for to decide the discharge application and an application seeking bail. In the opinion of the Court that in case such application which is maintainable under law has preferred then this Court has no reason to disbelieve that the same be decided with most expedition in accordance with law. Order Date :- 12.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad