Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 52948 (ALL)

SUNIL PAL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/15874/2025 · 2025-05-06

Rajeev Misra

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15874 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. By means of present application u/s 528 BNSS, the applicants have prayed for quashing the entire proceedings of Criminal Case no. 79 of 2025 (State vs. Sunil Pal) arising out of Case Crime no. 315 of 2024, under sections 115(2), 351(2), 333 of BNS, P.S. Buxa, District Jaunpur pending in the court of Additional Civil Judge (SD)-II, Jaunpur as well as charge-sheet dated 15.10.2024 and summoning order dated 11.3.2025. 3. Learned counsel for the applicants submits that the applicants are son and mother of the deceased Ram Lagan; the respondent no. 2 is aged around 73 years; the applicant no. 2 has not been summoned; in x-ray report, ultrasound and CT scan of injured, no abnormality was detected; two visible injures on person of injured are found of simple nature. He next submitted that the applicants are falsely implicated in this case due to civil dispute; charge-sheet has been filed against the applicant without recording statement of independent witnesses; this is counterblast of FIR lodged at the instance of applicant no. 1, Sunil Pal against the informant and his family members vide Case Crime no. 292 of 2024, under sections 191(2), 115(2), 333, 351(2), 352 BNS on 9.11.2024 with record to incident dated 8.8.2024; there is a land dispute between the parties for which an original suit no. 95 of 2021 is pending before the court in which the applicants are plaintiffs and husband of informant is defendant. Versus Counsel for Applicant(s) : Om Prakash Vishwakarma Counsel for Opposite Party(s) : G.A. Sunil Pal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Matter requires consideration. 5. Issue notice to respondent no. 2 returnable at an early date. 6. List this case on 4.11.2025. 7. Till the next date of listing, no coercive process shall be adopted against the applicants. September 25, 2025 Dhirendra/ NA528 No. 15874 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad