SAMARJEET YADAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/10110/2025 · 2025-09-16
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34040 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34040 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10110 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants; learned AGA for State and perused the material available on record. 2. The present 528 B.N.S.S. application has been filed to quash the cognizance order dated 18.07.2024 as well as entire proceedings arising out of Case No.4374 of 2024, (State versus Samarjeet Yadav and others), having Case Crime No.97 of 2023, under Sections 147, 307 IPC, Police Station Suriyava, District Bhadohi, pending before Additional Civil Judge (S.D.) Bhadohi (Gyanpur). 3. It is alleged in the FIR that on 26.05.2023 when informant husband was coming after attending the marriage the named accused persons assaulted him with sharp edged weapons with intention to kill. 4. Counsel for the applicant submits that applicants are innocent and have been falsely implicated in the present case. The allegation alleged in the F.I.R. is false, baseless and not supported by any evidence. The injured was admitted in the hospital in an accidental case. The injury is not supported the prosecution story and is not caused by sharp edged weapon. The I.O. without collecting material evidence, submitted charge sheet under the aforesaid sections and the learned Magistrate without applying judicial mind took cognizance and issued summons against the applicants. 5. Per contra, learned A.G.A. vehemently opposed the submission raised by the counsel for the applicant and submitted that the submissions raised by the counsel for the applicant are disputed question of facts which cannot be Versus Counsel for Applicant(s) : Rajiv Kumar Mishra, Shashi Kant Counsel for Opposite Party(s) : G.A. Samarjeet Yadav And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
considered, at this stage. As per medical examination report victim received seven injuries. Thereafter Medical Board was constituted and in which twelve injuries found over the body of the injured. The statement of injured as well as other witnesses supporting the prosecution story, prima facie, offence is made out against the applicants. 6. Considering the arguments raised by learned counsel for the parties, contents of FIR as well as medical examination report and statement of witnesses recorded during investigation discloses prima-facie offence against the applicants is made out. No interference is warranted
7.
In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 528 B.N.S.S.
8. Accordingly, the present 528 B.N.S.S. application is dismissed. September 17, 2025 I.A.Siddiqui NA528 No. 10110 of 2025 2 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad