HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23332 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Shashank Shekhar Mishra, learned counsel for applicants and Sri Shubham Singh, Advocate holding brief of Sri A.C. Srivastava, learned counsel appearing on behalf of opposite party no.2 as well as learned AGA for the State. 2. The present application has been preferred for seeking quashing of chargesheet dated 08.01.2025 as well as cognizance order dated 19.04.2025 passed in the case arising out of Case Crime No.415 of 2024, under Section 352, 351(3) of BNS, P.S. Shahganj, District Jaunpur, pending in the court of learned Additional Chief Judicial Magistrate, Court No.5, Jhansi. 3. It is the case of applicants that initially a civil case bearing Civil Suit No.275 of 2022 was preferred by opposite party no.2 against father of applicants and father of applicants also preferred suit bearing Original Suit No.76 of 2023 against opposite party no.2, both the rival suits are arising out of same cause of action that is related to a shop. Thereafter opposite party no.2 lodged an FIR against father of applicants which was registered as Case Crime No.379 of 2023, under Sections 419, 420, 467, 468, 471, 448, 504, 506 IPC wherein after conduction of detailed investigation, chargesheet was submitted whereupon cognizance of was taken by learned court concerned. Being aggrieved with Versus Counsel for Applicant(s) : Shashank Shekhar Mishra, Sudhanshu Yadav, Vikash Pandey Counsel for Opposite Party(s) : A.C.Srivastava, G.A. Avanish And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) entire proceedings arising out Case Crime No.379 of 2023, father of applicants challenged the same by way of filing Application U/S 482 No.16419 of 2024 and while considering the same, a Coordinate Bench of this Court granted interim protection in favour of father of applicants vide order dated 06.08.2024 on the ground that the dispute is of civil nature which has been given criminal colour by way of registering Case Crime No.379 of 2023. 4. 4. Learned counsel for applicants submitted that the present FIR was lodged implicating the applicants alleging that they were creating pressure upon opposite party no.2 for withdrawing the case which was registered as Case Crime No.379 of 2023 against father of applicants, otherwise there is hardly specific role assigned to applicants which would go to show that any offence has been committed by them and as such, impugned chargesheet along with cognizance order may be set aside. 5. Per contra, Sri Shubham Singh, Advocate holding brief of Sri A.C. Srivastava, learned counsel appearing on behalf of opposite party no.2 as well as learned AGA for the State vehemently opposed the prayer sought through the instant application on the ground that it is the specific cause of action arisen on dated 29.11.2024 at about 04 PM when all the applicants gathered and created pressure upon opposite party no.2 for withdrawal of Case Crime No.379 of 2023. 6. After hearing the rival submissions advanced by learned counsel for the parties, it is crystal clear that none of the applicants were ever implicated in Case Crime No. 379 of 2023 and the person actually implicated in that case, is the applicants' father, who has already been granted interim protection by this Court vide order dated 06.08.2024 passed in Application U/S 482 No.16419 of 2024. Therefore, the allegations made against the applicants appear wholly improbable, as there was no occasion for them to exert any pressure upon opposite party no.2 for withdrawal of Case Crime No. 379 of 2023, when they were not even accused therein and interim protection has already been extended in favour of their father who is accused in that case. The NA528 No. 23332 of 2025 2 applicants are nowhere concerned with the said case and as such, the allegation whatsoever has been put forward against applicants through narration of the FIR of present case, are seem to be unjustified and this fact has never been taken into consideration by concerned Investigating Officer while collecting evidence and the same is also missing at the time of taking cognizance of offence vide impugned order. 7. In view of the aforesaid facts and circumstances, chargesheet dated 08.01.2025 and cognizance order dated 19.04.2025 passed in the case arising out of Case Crime No.415 of 2024, under Section 352, 351(3) of BNS, P.S. Shahganj, District Jaunpur, pending in the court of learned Additional Chief Judicial Magistrate, Court No.5, Jhansi, are hereby set aside. 8. Accordingly, the instant application stands allowed. October 7, 2025 Vivek Kr. NA528 No. 23332 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad