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2025 DAILYLAW 60286 (ALL)

SANJAY SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/17934/2025 · 2025-05-26

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90167 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 17934 of 2025 Applicant :- Sanjay Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shatrunjay Singh Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants and learned A.G.A for the State. 2. This application has been filed by the applicants for quashing the entire proceeding including the impugned Charge Sheet dated 06.08.2024 as well as Cognizance/Summoning Order dated 01.03.2025 passed by Learned Civil Judge (J.D.)/F.T.C.-III, Ballia in Case No. Nil of 2025 (State Versus Sanjay Singh and Others) arising out of Case Crime No.18 of 2024, Under Sections 147, 504, 506 of I.P.C., Police Station- Dokati, District- Ballia, pending in the Court of Learned Civil Judge (J.D.)/F.T.C.-III, Ballia. 3. It is submitted by learned counsel for the applicants that on 13.06.2023 applicant no.1 had lodged a FIR under Section 427, 504 and 506 IPC with allegations of threatening against family members of opposite party no.2. Thereafter after seven months another FIR has been lodged against applicants on 24.01.2024 after an order of Additional Chief Judicial Magistrate for lodging the FIR under Section 156(3) Cr.P.C. 4. Learned counsel for the applicants submits that in both the first information reports the date of incident is 10.06.2023. The applicants are claiming that the FIR has been lodged on prior point of time by applicants and in order to harass the applicants the present FIR has been lodged. 5. It is to be seen that in the present case the dispute is with regard to the land between the parties. The photographs have been annexed at page-82 of the paper-book, where the persons are shown holding weapons. In respect of the same incident two FIRs have been lodged. Prima facie the case is made out against applicants and at this stage, this Court cannot be gone into the veracity of the FIR and evidence which is matter of trial. 6. In view thereof, no interference is warranted. 7. The application u/s 528 BNSS is, accordingly, dismissed. Order Date :- 27.5.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad