HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 52393 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Surendra Kumar Gupta, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned A.G.A. for the State and perused the record. 2. The applicants filed the present application under Section 528 B.N.S.S. to quash the entire proceedings as well as Cognizance order dated 09.02.2022 passed by the learned Judicial Magistrate/Fast Track Court (Offence Against Women), District Mau in Case No. 1430 of 2022 (State Vs. Avinash and others), arising out of Case Crime No. 95 of 2021 as well as Charge Sheet dated 02.09.2021, under Sections 323, 504, 506, 147, 452, 427, 325, 354 I.P.C., Police Station Ranipur, District Mau, pending in the court of Judicial Magistrate/Fast Track Court (Offence Against Women), District Mau. 3. Learned counsel for the applicants submitted that the applicants are innocent, they have not committed the alleged offence but they have been falsely implicated in the present case on the basis of false and frivolous allegation due to political rivalry of Gram Panchayat. The applicants have not beaten the opposite party no. 2 and her family members. He further submitted that the first information report has been lodged after six days of the alleged occurrence and there is no plausible explanation of delay in lodging the first information report. The injured were medically examined and according to medical report, injuries were simple in nature. He next submitted that during investigation, statements of opposite party no. 2 and Versus Counsel for Applicant(s) : Ashok Kumar Ram, Surendra Kumar Gupta Counsel for Opposite Party(s) : G.A. Ramkunwar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) other witnesses were recorded. After investigation, charge sheet was submitted and the learned Magistrate has taken cognizance. It is next submitted that the investigating officer has not conducted proper and fair investigation and submitted charge sheet in a mechanical manner. He also submitted that on the basis of first information report, no case is made out against the applicants, therefore, cognizance order as well as charge sheet is liable to be set aside 4. Per contra, learned A.G.A. vehemently opposed the submissions made by learned counsel for the applicants and submitted that opposite party no. 2 lodged a first information report against the applicants regarding the incident dated 14.06.2024 in which the opposite party no. 2 and her family members were beaten by the applicants in which three persons were sustained injures. The injured persons were medically examined and according to medical examination reports, injuries were caused by lathi and danda. During investigation, statements of the opposite party no. 2 and other witnesses were recorded wherein they supported the prosecution version. After investigation, charge sheet was submitted against the applicants and the learned Magistrate has taken cognizance. He further submitted that on the basis of evidence collected during investigation, it cannot be said that no offence is made out against the applicants, therefore, application is liable to be dismissed. 5. As per facts of the case, a first information report as Case Crime No. 95 of 2021, under Sections 147, 323, 504, 506, 452, 427, 354, 392 I.P.C. was registered at Police Station Ranipur, District Mau against the applicants with the allegation that on 14.06.2024 the applicants beaten the opposite party no. 2 and her family members. The opposite party no. 2 and other injured persons were medically examined. During investigation, statements of the opposite party no. 2 and other witnesses were recorded. After investigation, charge sheet was submitted and the learned Magistrate has taken cognizance. 6. From the perusal of material on record and the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed questions on fact, which cannot be adjudicated upon by this Court in exercise of power NA528 No. 52393 of 2025 2 conferred under Section 528 B.N.S.S.. At this stage, only prima facie case to be considered in the light of the law laid down by Supreme Court in the case of RP Kapoor Vs. State of Punjab, AIR 1990 SC 66; State of Haryana Vs. Bhajan Lal, 1992 SCC (Criminal) 426; and State of Bihar Vs. P.P. Sharma, 1992 SCC (Criminal) 192. The disputed defence of the applicants cannot be considered at this stage. 7. Considering the facts and circumstances of the case, I do not find any ground to quash the aforementioned case, therefore, the prayer for quashing the same is hereby refused and the application is dismissed. May 8, 2026 Rmk. NA528 No. 52393 of 2025 3 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad