Neutral Citation No. - 2025:AHC:20871 Court No. - 74 Case :- APPLICATION U/S 482 No. - 38344 of 2023 Applicant :- Sayeed Abbas And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brajesh Kumar Singh,Saiyad Hasan Askari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Brajesh Kumar Singh, learned counsel for the applicants and Shri S.K. Singh, learned AGA appearing on behalf of the opposite party No.1. 2. This application has been filed u/s 482 Cr.P.C. for quashing the (U/S 482) of entire proceeding of Case No. 110684 of 2023 (State Vs. "Sayeed" Abbas and others) under section 352, 323, 504, 506, 325 I.P.C., Police Gwaltoli, District Kanpur Nagar, as well as Charge Sheet dated 30.05.2023 arising out of case Crime No. 206 of 2022 under sections 352, 323, 504, 506, 325 I.P.C., Police Station Gwaltoli, District Kanpur Nagar alongwith Cognizance Order dated 12.06.2023, pending before court the Metropolitan Magistrate Seventh Kanpur Nagar. 3. Learned counsel for the applicants submits that the impugned proceedings sought to be lodged against the applicants under Section 352, 323, 504, 506 IPC relatable to commission of the offence on 05.12.2022 being FIR No. 0206 is nothing but a counterblast as prior to it an FIR stood lodged, being FIR No. 0205 on 05.12.2022 under Sections 279, 147, 148, 323, 504, 506 IPC. 4. Learned counsel for the applicants further submits that earlier also an FIR was lodged on 15.01.2022 by the applicants' faction being FIR No. 0008 under Sections 384 and 506. He submits that the injuries has been sustained by the applicants' side. 5. Learned AGA for the State points out that on consideration of the facts of FIR, cognizable offence is made out particularly when injuries have been sustained, might be not of the grievous. He submits that the question of alibi so sought to be raised by the applicants that they were not involved in the said incident cannot be gone into as what is to be seen, in view of the law laid down by the Hon'ble Apex Court in the case of M/S Neeharika, Infrastructure Pvt Ltd. vs. State of Maharashtra and others reported in AIR 2021 SC 192, is the fact as to whether the cognizable offence is made out or not. 6. Having heard learned counsel for the parties, I am of the opinion that factual inquiries cannot be gone into particularly in absence of pointing out of any jurisdictional error in the light of judgement of M/S Neeharika, Infrastructure Pvt Ltd (supra). 7. The application stands consigned to record. 8. It is for the applicants to prefer appropriate bail application/proceedings and in case such an application is preferred, the same shall be decided in accordance with law with most expedition. Order Date :- 10.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad