Neutral Citation No. - 2025:AHC:32949 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6407 of 2025 Applicant :- Vishal Yadav Alias Sholu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Jitendra Kumar Srivastava, learned counsel for the applicants, Shri Moti Lal, learned A.G.A. appearing on behalf of the State-respondent. 2. This application has been filed U/s 528 BNSS for quashing the entire proceedings of Criminal Case No.3982 of 2024 arising out of Case Crime No.200 of 2024 under Sections 307,147, 149, 325, 323, 504 & 506 IPC at P.S. Kotwali, District- Basti pending before the Court of Chief Judicial Magistrate, Basti as well as cognizance order dated 18.12.2024 and Charge-sheet dated 02.08.2024. 3. Learned counsel for the applicant submits that as per the F.I.R. being F.I.R. No. 0200, relatable to the offence on 01.05.2024 wherein the brother of the first informant Sheetla Singh was returning after hearing the religious prayer but at 09:30 in the night near the bridge, the applicants acted as a gang heard abuses and extended injuries to his brother. Learned counsel for the applicants submits that the applicants name stood surfaced in the statement of the injured. He further submits that in the statement of the first informant, the name of Ambika Pratap Singh and Awanish Singh also came into light. He submits that in the statement of Ajay Kumar Singh, it has been deposed that after gathering knowledge about the injuries sustained by the injured, the first informant took with himself Ambika Pratap Singh and Awanish Singh that how could he become independent witness to see the said incident. He also submits that there happens to be a complaint lodged on 23.07.2024 before the SSP, Basti against opposite party no.2 and fraction and this became the motivating factor for lodging the criminal proceedings and the applicant is innocent in this regard. 4. Learned AGA on the other hand submits that offences are made out and once the injured himself has deposed the name of applicants coupled with the injuries sought to be sustained by it being serious in nature amounting to fracture then this Court will not interfere in the present proceedings. 5. Having regard to the submissions made across the bar, what is to be seen in the present facts and circumstances of the case, whether interference in the present proceedings is warranted or not. In order to determine the said fact, what is relevant is the fact relatable to lodging the first information report on 01.05.2024 by the first informant who is not injured against unknown persons. The only persons who could accurately deposed as who was involved in the criminality is the injured who has sustained injuries. Here from the statement of the injured, the name of the applicants stood surfaced. Further the injury report also supports the allegation. Though there might be some substance in the arguments sought to be canvased by the applicants that once Ambika Pratap Singh and Awaneesh Singh were taken by the first informant post gathering information about the injury then they could not have been said to have been witnessing the said incident but what is relevant at this juncture is the statement of Satish Kumar Singh who has also witnessed the said incident. The question of lodging of a complaint by the applicant against the opposite party no.2 can at best be defense which cannot be gone into at the present stage when the trial has not commenced. Accordingly, interference by this Court is declined. 6. In view of the above, the application stands rejected. However, it goes without saying that it is always open for the applicants to seek appropriate bail/discharge application and in case such an application is moved, this Court has no reasons to disbelieve that the same shall be decided strictly in accordance with law as per the law of the land. Order Date :- 6.3.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad