Neutral Citation No. - 2025:AHC:84816 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4727 of 2025 Applicant :- Ram Awadh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Siddharth Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Siddharth Yadav, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Ram Awadh And 3 Others, who are named as well as charge sheeted accused and have now been summoned by Court below, have approached this Court by means of present application under Section 528 BNSS with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the Cognizance/Summoning order dated 07.08.2023 passed by the Additional Chief Judicial Magistrate, IIIrd, Gorakhpur and Charge Sheet dated 24.01.2023 as well as entire proceeding of Case Crime No. 29 of 2023, (State Vs. Ram Awadh and others), under section- 323, 504, 506 I.P.C. Police Station- Pipraich District- Gorakhpur, Pending before the Civil Judge (J.D.), 14, Gorakhpur. It is further prayed that this Hon'ble court may be pleased to stay the further proceeding of Case Crime No. 29 of 2023, (State Vs. Ram Awadh and others), under section- 323, 504, 506 I.P.C. Police Station- Pipraich District- Gorakhpur, Pending before the Civil Judge (J.D.), 14, Gorakhpur. And/or pass any such other and further order in favor of the applicants this Hon'ble Court may deem fit and proper in the ends of justice" 4. At the very outset, the learned A.G.A. submits that in respect of an incident, which is alleged to have occurred on 15.01.2023, a prompt FIR dated 15.01.2023 was lodged by first informant opposite party-2 Seema Devi and was registered as Case Crime No. 29 of 2023, under sections 323, 504, 506 I.P.C. Police Station- Pipraich District- Gorakhpur. In the aforesaid FIR, four persons namely (1) Ram Awadh (2) Bharat (3) Bhual and (4) Abhay Tiwari have been nominated as named accused. 5. It is then submitted by the learned A.G.A. that in respect of the same occurrence an another FIR dated 20.01.2023 was lodged by first informant Nirmla Devi (mother of applicants 1, 2 and 3 and was registered as Case Crime No. 0049 of 2023, under sections 323, 504, 506 I.P.C. Police Station- Pipraich District- Gorakhpur. In the aforesaid FIR, four persons namely (1) Raj Kumar (2) Amarjeet (3) Seema and (4) Shashi Kala Devi have been nominated as named accused. 6. On the above premise, the learned A.G.A. submits that since cross FIRs have been lodged by both the parties then occurrence is admitted to the parties. The primary question, which is now required to be answered by the Court below is; as to who is the aggressor? The said question cannot be answered by Court below in isolation i.e. in absence of present applicants herein. As such, no interference is warranted by this Court in present application. 7. When confronted with above, the learned counsel for applicants could not overcome the same. 8. Having heard the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record, but furthermore the same could not be dislodged by the learned counsel for applicants with reference to the record. In view of above, no good ground exists to entertain the present application. 9. As a result, the present application fails and is liable to be dismissed. 10. It is, accordingly, dismissed. Order Date :- 17.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad