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2025 DAILYLAW 175739 (ALL)

SMT. BADRU NISHA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO AND 4 OTHERS

/1842/2025 · 2025-12-02

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1842 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the proceedings arising out of Criminal Misc. Case No.192/2024 (Badru Nisha Vs. Afsana & Ors.) pertaining to Police Station - Patranga, District - Ayodhya. 3. Learned counsel for the applicant submits that applicant and her son were brutally beaten by the private respondents, thereafter, they went to the police station for lodging of the F.I.R. but F.I.R. was not lodged. He further submits that an application under Section 173(4) of B.N.S.S. was filed alongwith medico legal report but the same was rejected in the most mechanical manner, therefore, indulgence of this Court is necessary. 4. Learned A.G.A. opposes the prayer of the applicant and submits that incident was taken place on 11.10.2024 but no medical aid was taken by the applicant, thereafter, F.I.R. was lodged from the side of the private respondents as F.I.R. No.244/2024, under Sections 115(2), 352, 351(2) B.N.S., P.S. - Patranga, District - Ayodhya. He further submits that it is highly improbable that injury was caused on 11.10.2024 and injured did not go for the medical aid upto Versus Counsel for Applicant(s) : Firoz Ahmad Khan, Mohd.Anas Siddiqui Counsel for Opposite Party(s) : G.A. Smt. Badru Nisha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And 4 Others .....Opposite Party(s) 25.10.2024, therefore, there is no illegality in the impugned order and present application is liable to be dismissed. 6. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that the incident is of dated 11.10.2024 but the medico legal report of the injured is of dated 25.10.2024, therefore, present application is misconceived and same is hereby dismissed. December 2, 2025 GauraV/- NA528 No. 1842 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench