HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25411 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the order 5.6.2025 passed by learned Special Chief Judicial Magistrate, Agra in Criminal Case no. 6900358 of 2018 (State vs. Girish Pachori and others) arising out of Case Crime no. 441 of 2017 under sections 147, 323, 504 IPC, PS- Shahganj, District Agra. 3. While assailing the impugned order dated 5.6.2025, whereby discharge application preferred at the behest of applicants have been rejected, learned counsel for applicants contended that the same has been passed in arbitrary manner. Applicants have not caused any injury to the opposite party no. 2 and the same is concocted and fabricated while opposite party no. 2 is injured in any other manner. Applicants have no criminal history to their credit and as such impugned order dated 5.6.2025 is liable to be set aside and quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 5. I have considered the rival submissions and have gone through the entire record. 6. From perusal of the records, it transpires that learned trial court while rejecting the discharge application of applicants rightly exercised the Versus Counsel for Applicant(s) : Ashish Goyal Counsel for Opposite Party(s) : G.A. Girish Pachori And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) authority as mandated under Section 227 Cr.P.C that while considering discharge application only this aspect has to be considered whether there is sufficient ground to proceed against the accused or not? It is apparent that the discharge application preferred on behalf of applicants have been rejected after considering the entire material and evidence on records and it has been observed by learned trial court that on the basis of perusal of records, prima facie offence is made out against the applicants. 7. Looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants and as such no cause of action survives in favour of applicants to pursue the instant application. I do not find any infirmity in the impugned order dated 5.6.2025. 8. The instant application lacks merit and is accordingly dismissed. October 28, 2025 Shaswat NA528 No. 25411 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad