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2025 DAILYLAW 19203 (ALL)

JANAWAR v. STATE OF U.P. AND ANOTHER

NA528/6087/2025 · 2025-03-11

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36421 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6087 of 2025 Applicant :- Janawar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Maan Singh (AOR A/M 0784/22) holding brief of Sri Pradeep Kumar Singh, learned counsel for the applicant and Sri A.K. Vishwakarma, learned AGA for the State. 2. This application U/s 528 has been filed for quashing the charge sheet dated 05.09.2024 and cognizance order dated 07.09.2024 as well as the entire proceedings of Case No. 84441 of 2024 (State Vs. Janawar) arising out of Case Crime No. 98 of 2024, under Sections, 147, 323, 307, 504, 506, 427 IPC, P.S. Lohta, District Varanasi, pending in the Court of Additional Chief Judicial Magistrate-VI, Varanasi. 3. Learned counsel for the applicant has submitted that a first information report stood lodged on 10.06.2024 relatable to the commission of offences under Sections 147, 323, 324, 307, 504, 504, 506, 427 IPC being No. 0098 against the applicant by the opposite party with an allegation that on the said day, the applicant attacked as a gang with cuddle and sticks pursuant whereto Raj Kumar sustained injuries. Learned counsel for the applicant submits that the injuries are not so which can be said to have been instrumental in commissioning of the offences. 4. Learned AGA, on the other hand, submits that there happens to be lacerated wounds and the prosecution theory is being sought to be supported by the witnesses. 5. Having heard the arguments so made across the bar, the only question which arises for determination is the extent of judicial intervention in the present proceedings at this stage. Apparently, there happens to be a prompt FIR against the applicant and further there happens to be the statements of the witnesses which support the prosecution and injury also being lacerated wounds. 6. Accordingly, no case is made out for interference in the present proceedings, the application is rejected. 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 :- 12.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad