Neutral Citation No. - 2025:AHC:29184 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4259 of 2025 Applicant :- Bharat Bhushan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit filed is taken on record. 2. Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicants and Sri Muniraj Mehrotra, learned A.G.A. for the State. 3. The applicant herein has filed the present application u/s 528 BNSS for quashing of the entire criminal proceeding against the Charge Sheet dated 5.9.2022 and cognizance as well as summoning order dated 12.4.2023 in Case No.5800 of 2023 arising out of N.C.R. No. 231 of 2022 (State of U.P. Vs. Anuj Panchal), under Section 323 & 504 I.P.C., Police Station Dhanghata, District Sant Kabir Nagar, pending in the court of learned Juvenile Magistrate, Sant Kabir Nagar. 4. Learned counsel for the applicants submits that an N.C.R. stood lodged against the applicants by the opposite party no.2 on 10.6.2022, N.C.R. No.0231 of 2022 with an allegation that on 10.6.2022 at 7.09 hours, offences were commissioned while administering beating and hurling abuses. He has also invited the attention towards the injury report of the opposite party no.2 at page 31 as well as the radio-logical report wherein the injuries are stated to be simple in nature. He further invites attention towards the supplementary affidavit filed today that even an NCR lodged on 11.6.2022 relatable to the incident dated 10.6.2022, offences were committed under Sections 323, 504 IPC and medico legal examination was held on 12.6.2022 wherein the applicant Bharat Bhushan and his wife Sanjana sustained injuries. He further submits that it is nothing but a counter blast. 5. Learned AGA on the other hand submits that what is to be seen is the fact as to whether offences are made out or not particularly when injuries are being shown to be sustained by the opposite party no.2 faction. 6. Having heard the learned counsel for the applicant and the learned AGA, it emerges that there happens to be an NCR lodged against the applicants by the opposite party no.2 faction on 10.6.2022 and the NCR lodged by the applicants faction against the opposite party no.2 on 11.6.2022, injuries are stated to have been sustained by both the factions.Thus offences are made out. 7. In view of above, the present application under section 528 BNSS. stands consigned to record. 8. At this stage, learned counsel for the applicant submits that the applicant shall move discharge application to which learned AGA submits that in case a discharge application is being preferred with the same shall be decided strictly in accordance with law. 9. In the opinion of the Court, this Court has no reason to disbelieve that in case the discharge application if maintainable is being preferred then the same shall be decided with most expedition strictly in accordance with law as per the law of the land taking into account the facts and law on the subject. Order Date :- 3.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad