Neutral Citation No. - 2025:AHC:136829 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 854) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 15703 of 2025 Applicant :- Vinod Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Patel,Neeraj Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Neeraj Singh Yadav, learned counsel for the applicants and Sri S.K. Ojha, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the entire proceedings of Case No. 1363 of 2023 arising out of Case Crime No. 0221 of 2022 (State of U.P. vs. Vinod & others) under Section 147, 323, 452, 504 & 506 IPC, Police Station-Baghauchghat, District-Deoria as well as charge sheet dated 21.02.2023 and summoning order dated 17.2.2025, pending in the court of Additional Chief Judicial Magistrate, Deoria. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case due to enmity, therefore, he seeks quashing of the entire proceedings of the instant case. 4. Per contra, learned A.G.A. submits that in the incident the son of opposite party no. 2 has sustained injuries which are duly supported by the medical examination reports. Therefore, a prima facie case has been made out against the applicants, hence no interference is called for in the instant case. 5. Having heard the rival submission made by learned counsel for the parties, this Court has carefully gone through the records of the case. 6. From the record of the case, it is apparent that an FIR was lodged by the opposite party no. 2 alleging therein that there was a dispute between the opposite party no. 2 and the applicants with regard to drainage and due to which on 19.12.2022 at around 4:15 pm the applicants armed with lathi-danda and iron rod have beaten the opposite party no. 2 and his son. When other family members of opposite party no. 2 intervened to save them, they were also assaulted. The son of the opposite party no. 2 sustained injuries on his head and was admitted in the hospital. The aforesaid allegations are duly supported by the witnesses. Thereupon, matter was investigated and charge sheet was filed against the applicants upon which cognizance has been taken by the trial court. In view thereof, from the allegations levelled which are duly supported by the medical examination report as well as the statement of witnesses, a prima facie case is made out against the applicants. Hence, this Court do not find any good reason to interfere in the instant proceedings. 7. Accordingly, the instant application is dismissed. Order Date :- 12.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad