Neutral Citation No. - 2025:AHC:135378 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 4759 of 2025 Applicant :- Arvind Pal Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present 528 B.N.S.S. application has been filed to quash the entire proceedings of Case No. 1121 of 2022 (State vs. Shilendra Pal & others), pending before Additional Chief Judicial Magistrate, Jalesar, Etah, arising out of Case Crime No. 490 of 2012, under Sections 147, 504, 506 IPC, P.S. Jalesar, District- Etah and also to quash the order dated 06.09.2024 passed by the Additional Chief Judicial Magistrate, Jalesar, Etah in Case No. 1121 of 2022 (State vs. Shilendra Pal & others). 3. Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. Allegations alleged in the first information report are false, baseless and not supported by any cogent evidence. Instant first information report has been lodged with malicious intention only to harass the applicants. No offence under alleges sections is made out. It is argued that by order dated 01.05.2024 this Court has granted interim protection and Court cannot compel him to surrender and apply for bail. 4. Per contra, learned A.G.A. vehemently opposed the submissions raised by learned counsel for the applicants and submits that from perusal of the contents of first information report as well as the other material evidence available on record, prima facie, offence is made out against the applicants. 5. Considered the submissions raised by learned counsel for the paties and perused the entire record. From the record, it is apparent that earlier applicants approached this Court by filing Application U/S 482 No. 43924 of 2013 (Dharmendra Pal Singh And 5 Ors. vs. State of U.P. and Another) and the same was decided by the Co-ordinate Bench of this Court vide order dated 01.05.2024 with following observation:- "11. Although the cognizance has already been taken up by learned Chief Judicial Magistrate and all these facts whatsoever have been mentioned may be brought to the notice of the concerned Court and learned court of Chief Judicial Magistrate, Etah, is hereby directed to proceed with the pending Case No. 3622 of 2012 (State Vs. Shailendra and others) arising out of Case Crime No. 490 of 2012 under Sections 147, 504, 506 of I.P.C., Police Station- Jalesar, District- Etah, and expedite the same preferably within a period of six months, by way of recording the grounds if taken up on behalf of the applicants as mentioned in the instant application, however, it is made clear till the disposal of the proceedings no coercive action shall be taken against the applicants. 12. The instant application is hereby disposed of accordingly. " 6. Thereafter, applicants moved discharge application under Section 239 Cr.P.C., Paper No. 15A, the same was rejected by the Trial Court vide order dated 10.12.2024, the said order is annexed at page-100 of the paper-book. Counsel for the applicants has filed the present 528 B.N.S.S. application with malicious intention without challenging the order dated 10.12.2024 by which discharge application of the applicants has been rejected and proceedings were posted for framing of charge. Further, instant 528 B.N.S.S. application has been filed with the prayer to quash the order dated 06.09.2024 passed by the Additional Chief Judicial Magistrate, Jalesar, Etah. Since, applicants' discharge application has been rejected by the Trial Court vide order dated 10.12.2024. No interference is required. On perusal of order-sheet, it is apparent that applicants are not co-operating with the trail, therefore, Trial Court directed the applicants to co-operate with trial. Applicants on 03.10.2024 moved discharge application, which was dismissed by order dated 10.12.2024. Applicants have not challenged the order dated 10.12.2024 by this application. Present 482 Cr.P.C. application is misconceived. Applicants are misusing the protection granted to him by order dated 01.05.2024. No interfernece is warranted. 7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 11.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad