DHARAMVEER AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4600/2025 · 2025-03-10
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17618 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17618 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:35801 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4600 of 2025 Applicant :- Dharamveer And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J
1. Heard Sri Som Veer learned counsel for the applicants and Sri Indrajeet Singh Yadav, learned AGA for the State. 2. This application U/s 528 of BNSS has been filed for quashing the entire criminal proceedings of charge sheet dated 13.03.2024 as well as cognizance order dated 02.09.2024 passed by learned Judicial Magistrate-II, Mathura against the applicants in Criminal Case No. 111403 of 2024 (State vs. Dharamveer & others), arising out of Case Crime No. 50 of 2024, under Sections, 452, 147, 323, 504, 506 IPC, P.S. Farah, District Mathura. 3. Learned counsel for the applicants has submitted that a first information report stood lodged against the applicants under Section 452, 147, 323, 504, 506 IPC on 21.02.2024 relatable to the commission of offence on 20.02.2024 when the applicants attacked upon the first informant pursuant whereto Rekha, Mayank and Abhishek sustained injuries. Learned counsel for the applicants submits that the injuries are simple in nature and nothing was found abnormal in the Radiological examination. He submits that only general role has been assigned and there is no specific role and further there were three independent witnesses who could have deposed on the basis of the said deposition and the truth would have surfaced but they were not called despite the fact that they were willing to depose. He submits that it is a case of false implication. 4. Learned AGA, on the other hand, submits that first of all what is to be seen is the fact as to whether offences are made out from the narration of the allegations contained in the first information report or not and further in the present case there happens to be injury simple in nature. 5. Having heard learned counsel for the applicants as well as the
learned AGA, I am of the opinion that the only question which arises for determination is the extent of interference in the present proceedings. Apparently, there happens to be an FIR wherein offences are made out and further which discloses offences and further injuries are also there which stands noticed above.
The theory so propounded that only general role has been assigned and there is no specific role and the independent witnesses were not called for deposing is a matter of defence which can be taken at this stage when the trial commences at the said stage, which has not come. 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 :- 11.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad