Neutral Citation No. - 2025:AHC:25574 Court No. - 71 Case :- APPLICATION U/S 482 No. - 658 of 2025 Applicant :- Shakeel And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Danish,Rajiv Sisodia Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Shashank Dwivedi, Advocate, holding brief of Mr. Rajiv Sisodia, the learned counsel for applicants and the learned A.G.A. for State. 2. Perused the record. 3. Applicants-Shakeel And 4 Others, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to quash order dated 04.12.2024 in S.T. No. 1918 of 2024 (State Vs. Shakeel and others) case crime no.76 of 2023 under sections 308/149, 147, 323/149, 325/149, 337/149, 338/149, 504, 506 I.P.C Police Station Mandawali, District Bijnor pending in the court of Session Judge, Bijnor. It is further prayed that this Hon'ble Court may graciously be pleased to stay further proceeding of S.T. No. 1918 of 2024 (State Vs. Shakeel and others) case crime no.76 of 2023 under sections 308/149, 147, 323/149, 325/149, 337/149, 338/149, 504, 506 I.P.C Police Station Mandawali, District Bijnor pending in the court of Session Judge, Bijnor and/or pass such other and further order which this Hon'ble Court may deem fit and proper circumstances of the case. in the facts and circumstances of the case." 4. Learned counsel for applicants submits that in view of the nature of injury sustained by injured no charge under Section 308 I.P.C. could not have been framed against applicants. As such, framing of charge order dated 04.12.2024 passed by Court below in exercise of jurisdiction under Section 228 Cr.P.C. is unsustainable in law and therefore, liable to be quashed by this Court. 5. Per contra, the learned A.G.A. for State-opposite party-1 has opposed the present application. Learned A.G.A. invited the attention of Court to the injury report of the injured, which are on record from pages 33 onwards. With reference to the injury report of injured Savez, it is urged by the learned A.G.A. that the Doctor in his supplementary report dated 18.07.2023 has pointed out that injury no.2 sustained by aforesaid injured is grievous in nature. Apart from above, some of injured have sustained injury on their face also. He, therefore, contends that in view of above, it cannot be said no offence under Section 308 I.P.C. is made out against applicant. Learned A.G.A. has then referred to the three Judges Bench judgment of the Supreme Court in Tarun Jit Tejpal Vs. State of Goa and Another, 2019 SCC Online Sc 1053, and on basis thereof, he contends that in facts and circumstances of the case, prima facie the framing of charge order passed by Court below cannot be said to be perverse or illegal. As such, no inference is warranted by this Court in present application. 6. When confronted with above, the learned counsel for applicants could not overcome the same. 7. Having heard the learned counsel for applicants, the learned A.G.A. for State, and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application is not only borne out from the record, but furthermore the same could not be dislodged by the learned counsel for applicants. In view of above, no good ground exists to entertain the present application. 8. As a result, the present application fails and is liable to be dismissed. 9. It is, accordingly, dismissed. Order Date :- 14.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad