HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1610 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, and Sri Rajdeep Singh, learned AGA and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed seeking quashing of impugned judgment and order dated 9.9.2025 passed by the Additional District and Sessions Judge, Court no.7, Lucknow in Criminal Revision No.33 of 2025 under Section 238 BNSS and order dated 7.1.2025 passed by the Chief Judicial Magistrate, Lucknow under Section 173(4) of BNSS. 3. It has been submitted by learned counsel for the applicant that in the night of 15.10.2024 at 11:20 pm, brother of applicant was riding motorcycle and met with an accident due to negligence of police and died on the spot. The said incident took place at Golf Club Crossing towards Samta Mulak Crossing near DGP residence and there was barricading without radium reflector and also there was no caution and no police personnel was present there. Due to negligence of police motorcycle of brother of the applicant collided with heavy barricading, therefore, he moved an application under Section 173(4) of BNSS on 29.10.2024, which was rejected on 7.1.2025. Feeling aggrieved, he filed a revision which was also dismissed on 9.9.2025. 4. A bare perusal of the order indicates that the motorcycle of brother of the applicant collided with the barricading and died on the spot. There Versus Counsel for Applicant(s) : Vinod Kumar, Anand Pratap Singh Counsel for Opposite Party(s) : G.A. Mohd. Sabir .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) cannot be any criminal act on behalf of the police and if any application is given and the same has been rejected by the court below, in my opinion, the order is not incorrect. The applicant may approach to the competent forum to claim damage under the law but launching criminal proceedings is abuse of process of law. 5. Learned counsel for the applicant has not been able to point out any illegality or infirmity in the order passed by the revisional court. 6. The application is devoid of merit. It is accordingly dismissed. October 17, 2025 Sachin NA528 No. 1610 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench