SHAMBHU NATH AND 7 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4551/2025 · 2025-03-03
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17440 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17440 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30831 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4551 of 2025 Applicant :- Shambhu Nath And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Raj Kumar Singh, learned counsel for the applicant, Sri Muniraj Mehrotra, learned AGA for the State.
2. This is an application 528 of BNSS filed for quashing the entire proceedings of Criminal Case No. 1259 of 2024 (State Vs. Shambhu Nath and others), under Sections 147, 148, 149, 323, 504, 506, 452, 427, 325 IPC arising out of Case Crime No. 381 of 2022, P.S. Handia, District Prayagraj, pending in the Court of Additional Chief Judicial Magistrate, Court No. 8, Allahabad.
3. Learned counsel for the applicant submits that though a first information report stood lodged against the applicants under Section 147, 148, 149, 323, 504, 506, 452, 427 IPC on 25.06.2022 relatable to the commission of offences on 23.06.2022 wherein the applicants have been alleged to have been inflicted injuries upon the Priyanka and Raj Kumar. However, with respect to the incident on the same date i.e. 23.06.2022, the applicant faction has also lodged first information report against the first informant faction under Section 147, 148, 149, 323, 504, 506, 452 and 427 about four were injured. Learned counsel for the applicant submits that it is nothing but a counter blast. He submits that it is a case of false implication.
4. Learned AGA, on the other hand, submits that there happens to be two FIRs one at the instance of the applicant on 23.06.2022 and other opposite party No. 2 on 25.06.2022 but the incident dated 23.06.2022 cannot be ruled out and injuries are also sustained by both sides.
5. Having heard learned counsel for the parties, I am of the opinion that once there happens to be injuries sustained by the opposite party No. 2 faction though the FIR might have been lodged after two days then it cannot be said that no offences are made out
particularly when this is a case where injuries have been sustained by both faction with relation to the incident dated 23.06.2024.
6. Thus, interference is declined and the application is consigned to record.
7. Learned counsel for the applicants seeks direction for
consideration of his bail application in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021
8. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay.
Order Date :- 4.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad