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2025 DAILYLAW 18757 (ALL)

LAXMAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/5508/2025 · 2025-09-17

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5508 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants; learned AGA for the State; learned counsel for the opposite party no.2 and perused the material available on record. 2. The present 528 BNSS application has been filed to quash the cognizance order dated 06.01.2025 in Case Crime No.1872 of 2024, (State versus Laxman and another) arising out of NCR No.238 of 2019, under Sections 323 and 504 IPC, Police Station Mehdawal, District Sant Kabir Nagar, pending in the Court of Gram Nayalaya Mahdawal, Sant Kabir Nagar. 3. Counsel for the applicants submits that NCR was converted into FIR and registered under Sections 323 and 504 IPC against the applicants and case proceeded as police case and charge sheet was submitted and cognizance was taken against the applicants. The applicant challenged the cognizance and summoning order by filing 482 Cr.P.C. Application No.36583 of 2024, and this Court vide order dated 14.11.2024 allowed the 482 Cr.P.C. application and directed the trial court to pass a fresh order in accordance with law, after considering the provisions of enunciated under Section 2(d) Cr.P.C. Thereafter, trial court in pursuance of order of this Court registered the aforesaid case as complaint case and issued summons against the applicants and now the applicants have challenged the order dated 06.01.2025. Counsel for the applicant further submits that applicants are innocent and hasve been falsely implicated in the present case. No offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Versus Counsel for Applicant(s) : Furquan Ahmad (Alvi) Counsel for Opposite Party(s) : Balram Mishra, G.A. Laxman And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Per contra, learned A.G.A. and learned counsel for the complainant vehemently opposed the submissions raised by learned counsel for the applicants and submitted that perusal of evidence prima facie offience is made out against the applicants and trial court is rightly issued the summons against the applicants. 5. Considering the facts and circumstances of the case, the prayer for quashing the summoning order as well as complaint case is hereby refused. 6. If the applicants moved discharge application within two weeks from today, the same shall be decided within three weeks thereafter. Till then no coercive action shall be taken against the applicants in pursuance of aforesaid case. 7. With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of September 18, 2025 I.A.Siddiqui NA528 No. 5508 of 2025 2 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad