HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.19) Neutral Citation No. - 2025:AHC:141555 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 11033 of 2025 Applicant :- Jafar Alias Bhola And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Kumar Mishra,Shashi Kant Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Anand Kumar Mishra holding brief of Shri Rajiv Kumar Mishra, learned counsel for the applicant and Shri Anil Kumar Singh, learned A.G.A. for the State. 2. The instant application has been filed seeking quashing of the entire proceedings as well as the summoning/cognizance order dated 28.2.2025 arising out of Criminal Case No. 12080 of 2025 having Case Crime No. 290 of 2024 (State Vs. Jafar Alias Bhola and others) under sections 115(2), 351(3), 352/191(2) BNS police station Bhadohi District Bhadohi pending in the court of Chief Judicial Magistrate, Bhadohi. 3. Learned counsel for the applicants submits that the instant FIR has been lodged as a counter blast to an NCR lodged by the applicant no. 5 Irshan against the opposite party no. 2 and others with regard to an incident taken place on 10.9.2024 at about 3.30 pm. Investigation was conducted on the NCR after appropriate orders were passed. Thereupon charge sheet was filed against the opposite party no. 2 and others. As a counter blast to the same an application under section 175(3) BNSS was moved by the opposite party no. 2 alleging the incident dated 10.9.2024 at about 5.30 pm. Investigation has been carried out and having found the allegations true a charge sheet was filed against the applicants herein for the offences under sections 115(2), 351(3), 352/191(2) BNS. Learned counsel for the applicants submits that since the instant FIR has been lodged as a counter blast to the NCR filed by the applicant no. 5 against the opposite party no. 2 and others, therefore, the entire proceedings of the instant case be quashed. 4. Per contra, learned A.G.A. submits that with regard to the same incident dated 10.9.2024 both the parties have filed criminal cases in which the investigation was carried out and the charges have been found against both the set of the accused persons. 5. There is no denial of the incident of 10.9.2024 as such it is the admitted case of the applicant that an incident had taken place on 10.9.2024 and for the same incident both the parties were found involved and which version is correct can be decided only during trial and it cannot be decided while exercising the powers under section 528 BNSS. 6. For the aforesaid no good ground for interference is made out. The application lacks merit and is accordingly dismissed. Order Date :- 19.8.2025 o.k. (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad