HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6260 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants; learned AGA for State; learned counsel for the opposite party no.2 and perused the record. 2. The present 528 B.N.S.S. application has been filed to quash the order dated 17.12.2024, passed by Additional Sessions Judge /FTC-II, Jaunpur in Session Trial No.414 of 2022, (State versus Neeraj and others), under Sections 147, 308, 325, 323, 504, 506 IPC, Police Station Maharajganj, District Jaunpur. 3. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. By way of present application, applicants have challenged the order dated 17.12.2024 by which the trial court has rejected the applicants' application no.27(kha). During the argument on the application no.27(kha) before the trial court, it was submitted that on perusal of evidence collected by Investigating Officer no offence under Section 308 IPC is made out and framing of charge under Section 308 IPC is not supported by any evidence. The prosecution/informant moved the application no.25(kha) alleging that Section 452 IPC be added and charge should be framed under Section 452 IPC. It is further submitted that the finding recorded by the trial court in the order dated 17.12.2024 is arbitrary and has been passed without considering the material evidence submitted by the Investigating Officer. On perusal of statement of the victim, it is evident that injured receive injuries after falling over the ground but same has not been considered by the court below and framed the charge under Section 308 IPC. The order dated 17.12.2024 is Versus Counsel for Applicant(s) : Om Prakash Vishwakarma, Ram Babu Yadav Counsel for Opposite Party(s) : G.A., Ram Jeet Mishra Neeraj And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) illegal and arbitrary in the manner as application of prosecution has been allowed to frame charge under Section 452 IPC. The framing of charge under Section 452 IPC is not supported by any material evidence. 4. Per contra, learned counsel for the informant vehemently opposed the submissions made by learned counsel for the applicants and submitted that the order dated 17.12.2024 passed by the Additional Sessions Judge is just and proper. From the record, it is evident that medical report, x-ray report and supplementary report of the injured, prima-facie offence under Section 308 IPC is made out. Moreover the injured has received injuries over the head i.e. vital part of the body. Order does not requires any interference and it is just and proper. Trail court after considering the material evidence submitted by the Investigating Officer rejected the application of the applicant and allowed the application of the opposite party no.2. On perusal of entire order, there is no abuse of process of law. 5. Considering the arguments raised by counsel for the parties and perused the entire record, it is apparent that after framing the charge under Sections 147, 308/149, 325/149, 323/149, 504 & 506 IPC. Two witness i.e. PW-1 and PW-2 statements have been recorded, thereafter these applications have been moved. From the record, it is apparent that injured has received injuries on the vital part. The evidence discloses that assault caused by accused persons, over injured is grievous in nature which may cause death. Framing of charge under Section 308 IPC is just and proper. The informant moved an application that on perusal of statements of PW-1 and PW-2 it apparent that accused persons entered into house of the informant and made assault, therefore, prima-facie offence under Section 452 IPC is made out. Learned trial court after considering the evidence, perused the entire material available on record, found offence under Sectoin 452 IPC. The impugned order dated 17.12.2024 passed by trial court is just and proper and do not suffer from any illegality or infirmity and no interference is warranted, at this stage. 6. The present 528 BNSS application is hereby dismissed. September 10, 2025 I.A.Siddiqui NA528 No. 6260 of 2025 2 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad