SANDEEP KHANNA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/11628/2025 · 2025-04-08
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37574 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37574 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:51505 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11628 of 2025 Applicant :- Sandeep Khanna And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Karan Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Raj Karan Yadav, learned counsel for the applicants, learned A.G.A for the State and perused the record.
2. The instant application has been filed for quashing the charge sheet dated 29.08.2023 as well as cognizance order dated 10.10.2023 including the entire proceeding of Criminal Case No.145021 of 2023 arising out of Case Crime No.20 of 2023, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Mahila Thana, District Kanpur Nagar.
3. Contention of learned counsel for the applicant is that on the basis of general vague allegations the applicants have been falsely implicated. It is further submitted that medical examination of opposite party no.2 was conducted after four days of incident, therefore, the injuries are false and concocted. Therefore, the impugned proceeding deserves to be quashed.
4. Per contra, learned AGA for the State has submitted that there is specific allegation against the applicants for beating the opposite party no.2, which is also substantiated by the injury report.
5. After hearing the learned counsel for the parties and perusal of recorded, it appears that in her statement recorded under Section 161 Cr.P.C., she has specifically made allegation against the applicants for beating her on 04.02.2023. However, the injury report was prepared on 08.02.2023, which shows that though injuries are simple in nature but have been caused four days prior to medical report. Therefore, the injury supports the avernment made in the injury report.
6. In view of above, this Court does not find any illegality in the impugned order. Accordingly, the present application is dismissed. Order Date :- 9.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad