Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7205 of 2025 Applicant :- Manoj Ram And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jay Prakash Gupta,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Sunil Kumar Singh, learned counsel for the applicants and Sri Pushp Raj Singh, learned brief holder for the State are present. The present application u/s 528 of B.N.S.S. has been filed with prayer to quash the entire proceedings of Case No. 4081 of 2022, arising out of Case Crime No. 49 of 2022, under Sections 323, 504 of I.P.C., P.S. Rasra, District Ballia, as well as cognizance/summoning order dated 6.8.2022, pending in the Court of Special Judicial Magistrate, Ballia. Learned counsel for the applicants submitted that impugned First Information Report dated 12.2.2022 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the applicant. It is further submitted that first informant lodged impugned F.I.R. on the basis of same set of allegations of F.I.R. dated 24.1.2021 which has been registered as Case Crime No. 18 of 2021 with regard to the same incident. It is further submitted that cognizance order has been passed without considering the facts that two F.I.R.s have been lodged with regard to the incident dated 23.1.2021. The impugned F.I.R. is second F.I.R. Prima facie, matter requires consideration. Notice on behalf of respondent no. 1 has been accepted by learned A.G.A. Issue notice to respondent no. 2 through C.J.M. concerned, returnable at an early date. Learned A.G.A. as well as respondent no. 2 may file their counter affidavits within three weeks. Rejoinder affidavit may thereafter be filed within one week. List this case after eight weeks. Until further orders, further proceedings of aforesaid case shall remain stayed against the applicants. Order Date :- 5.3.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad