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Neutral Citation No. - 2025:AHC:34869 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6388 of 2025 Applicant :- X Juvenile Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Pratap Pal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed today by Shri Virendra Pratap Pal is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Misc. Criminal Case No. 111 of 2024 (State Vs. Sudhir Singh Gautam), arising out of case crime no. 77 of 2023, under Sections 147, 148, 323, 324, 308, 504 and 506 of IPC, as well as cognizance and summoning order dated 22.04.2024 Police Station- Sukhpura, District Ballia, pending before the court of learned Chief Judicial Magistrate, . 4. Learned counsel for the applicant has argued that as per the first information report dated 30.03.2023 being FIR No. 0077 of 2023, under Sections 147, 148, 323, 324, 308, 506, 504 IPC, the allegations against the applicant and others were relatable to an incident dated 30.03.2024 wherein with respect to cleaning of a drain/ path, the applicant faction and the opposite party no.2, faction attacked each other, pursuant whereto injuries were sustained by Shailesh Kumar and Satendra Kumar. Learned counsel for the applicant submits that the applicant is innocent and
the entire family has been roped in. There is no specific role assigned and general allegations have been made out. 5. Learned AGA on the other hand has argued that there happens to be serious injuries with respect to Shailesh Kumar being fracture left temporal and parietal bones. According to him, offences are made out. 6. I have heard learned counsel for the parties and gone through the records. 7. The only question which falls for consideration whether at this stage this Court would come to the rescue of the applicant while quashing the proceedings. The answer to such an issue lies to the fact as to whether there happens to be offences made out from the first information report coupled with the injury report. Apparently, the FIR itself discloses offence and there is an injury report has also noticed above.
The arguments so sought to be made relatable to the fact that only general allegations have been leveled and not specific allegations is not to be gone into present proceedings at this stage. Particularly, when it is a matter of trial. 8. Apart from the same, in absence of showing any jurisdictional error, this court is not required to scuttle the proceedings at this stage. Accordingly, the application U/S 482 stands rejected. 9. At this stage, learned counsel for the applicant submits that suitable direction be issued 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 with relation to enlargement on bail. 10. 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 :- 10.3.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad