HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13245 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned AGA for the State as well as learned counsel for opposite party No.2. 2. The present 528 BNSS application has been filed to quash the charge sheet dated 10.9.2024 and cognizance order dated 21.10.2024 as well as the entire proceedings of Case Crime No.89222 of 2024 (State Vs. Shiv Kumar Nishad & Others) arising out of Case Crime No.61 of 2024, under Sections 351(2), 352 B.N.S., P.S. Dashashwamedh Ghat, District Varanasi, pending in the court of Additional Chief Judicial Magistrate 2nd, Varanasi 3. Counsel for the applicants submits that applicant has been falsely implicated. The alleged incident is said to have taken place on 8.7.2024 whereas the FIR has been lodged on 1.9.2024 by opposite party no.2 after thought with the delay of two months. There is no plausible explanation regarding the delay of lodging of the FIR. He further submits that no offence is made out against the applicants. 4. Per contra, learned A.G.A. as well as learned counsel for opposite party no.2 have opposed the same. Learned counsel for informant/opposite party No.2 has raised objection that counsel for applicant has not filed present application with clean hands as applicants have criminal history of several cases. It is mentioned in the para 30 of the application that applicants have no criminal history nor they have convicted by any court of law. Versus Counsel for Applicant(s) : Akash Kumar Nishad, Subhash Chandra Pandey Counsel for Opposite Party(s) : G.A., Praveen Kumar Singh, Syed Imran Ibrahim Shiv Kumar Nishad And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In view of the above, prima facie, case is made out against the applicants. No interference is warranted, at this stage. 6. The present 528 BNSS application is dismissed with the aforesaid observation. September 8, 2025 Md Faisal NA528 No. 13245 of 2025 2 (Deepak Verma,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad