RAJJAN SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/5569/2025 · 2025-03-06
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20764 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20764 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33445 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5569 of 2025 Applicant :- Rajjan Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Mithilesh Kumar Shukla, learned counsel for the applicants and Sri Muniraj Mehrotra, learned AGA for the State. 2. This is an application U/S 528 of BNSS filed for quashing the entire proceedings of the Criminal Case No. 21463 of 2024 (State Vs. Rajjan Singh and others) under Sections 147, 452, 323, 336, 504, 506 IPC, P.S. Iradat Nagar, District Agra (arising out of Case Crime No. 60 of 2024) pending in the Court of Additional Chief Judicial Magistrate, Court No. 05, Agra and Charge sheet dated 30.06.2024 as well as cognizance/summoning order dated
06.11.2024. 3. Learned counsel for the applicants submits that the first information report stood lodged against the applicants on 09.04.2024 under Sections, 147, 452, 323, 336, 504, 506 IPC relatable to the commission of offences on 27.03.2024 when the wife of the opposite party No. 2 along with two niece were in the house then the applicants barged into the house as a gang and inflicted injuries. Learned counsel for the applicants further submits that with relation to an incident on the same day dated 27.03.2024 an FIR stood lodged on 02.04.2024 against the opposite party No. 2 faction under Sections 147, 148, 149, 452, 323, 504, 506, 336 IPC wherein Sri Thakur Das Sahil sustained injuries and further on radiological examination, it was found that there was a fracture also. Learned counsel for the applicants, thus, submits that it is a case of false implication and counter blast. 4. Learned AGA, on the other hand, submits that with relation to the incident dated 27.03.2024 there are two FIRs one by the applicants faction on 02.04.2024 and by the opposite party No. 2 on 09.04.2024 but the incident cannot be ruled out and injuries are on both sides. 5. Having heard the arguments made across the bar, the only question which falls for consideration is the extent of the intervention under Section 528 of BNSS at this stage.
Apparently, there happens to be an incident dated 27.03.2024 which stands corroborated from the FIR by both the factions, apart from the same, there happenings to be injuries sustained by both the factions. 6. Thus, interference is declined and the application is consigned to record. 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 :- 7.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad