HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23282 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Shri Vijay Kumar Pandey holding brief of Shri Sanjay Pathak appeared on behalf of applicants and the learned A.G.A. 2. Through the instant application entire proceedings arising out of Case Crime No.117 of 2024 registered at police station Chakeri, District Kanpur Nagar has been put under challenge wherein First Information Report has been preferred on dated 01.03.2024 and thereafter detailed investigation has been carried out by concerned Investigating Officer which culminated into preferring charge sheet on dated 28.07.2024, whereupon cognizance of offence has been taken up by learned court of Chief Judicial Magistrate, Kanpur Nagar on dated 01.01.2025. 3. Learned counsel for the applicants sought the attention of the court over the narration of the First Information Report wherein the precise allegation which has been put forward against the applicants were not extending the agreeable amount in terms of the Will deed executed between applicants and father of opposite party no.2, certain other allegations which is saddled over the shoulders of the applicant is in respect of some mishappening may be caused by them in future, otherwise no specific allegation has been put forward against the applicants for implicating them in Case Crime No.117 of 2024 for putting them to trial in criminal proceedings. Versus Counsel for Applicant(s) : Narendra Shanker, Sanjay Pathak Counsel for Opposite Party(s) : G.A. Kuldeep Verma And Another .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 4. Learned counsel for the applicants also submitted that Assistant Police Commissioner, Chakeri, Kanpur Nagar concluded in his investigation dated 6.2.2024 that there is a Case No.1719 of 2022 is still pending between the parties and as such no action is required at the behest of the police authorities in the dispute between the parties and there is no credible evidences available in respect of the allegation put forward against the applicants. 5. Per contra, learned AGA vehemently opposed the prayer as made through the instant application. 6. After hearing rival submissions extended by the learned counsel for the parties one thing is crystal clear that even after investigation report submitted by Assistant Commissioner of Police on dated 6.2.2024 which has been directed by Deputy Commissioner of Police (East), Commissioerate Kanpur Nagar, under which circumstances the charge sheet has been preferred by the concerned Investigating Officer who is much below the rank of Assistant Commissioner of Police, while taking cognizance of offence learned court concerned has not discussed whisper in respect of report dated 6.2.2024, meaning thereby the fact finding report submitted by Assistant Commissioner of Police in compliance to direction issued by higher authorities of police has never been available before learned court concerned which culminated into order dated 01.1.2025. 7. In absence of any specific documents alongwith charge sheet in shape of report dated 6.2.2024, the cognizance of offence taken up by learned concerned court is not justified, since at the time of taking cognizance, the entire documents in shape of inquiry conducted by concerned Investigating Officer alongwith other documents, if available in respect of the same case crime number has to be thoroughly examined by learned court concerned. 8. Although the charge sheet has been submitted on 28.4.2024 but the investigation carried out by Assistant Commissioner of Police in pursuance to order dated 30.1.2024 issued by Deputy NA528 No. 23282 of 2025 2 Commissioner of Police (East), Commissionerate of Kanpur Nagar, the same is contrary to each other. 9. In view of the aforementioned facts and circumstances of the case, order dated 1.1.2025 passed by learned Chief Judicial Magistrate, Kanpur Nagar is hereby set aside. Investigating Officer concerned is hereby directed to place report dated 6.2.2024 prepared by Assistant Commissioner of Police, Chakeri, Commissionerate Kanpur Nagar and thereafter learned court concerned, if required, take fresh cognizance of offence or proceed as per law. 10. Inspect Application u/s 528 BNSS stands partly allowed. 11. The above mentioned direction has been passed on the basis of the appended documents which has not been disputed by learned A.G.A and as such process to issue notice is hereby dispensed with. October 7, 2025 Rakesh NA528 No. 23282 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad