Neutral Citation No. - 2025:AHC:130251 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 808) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 18676 of 2025 Applicant :- Kanhaiya Gurjar Alias Yogendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Kumar,Pushpendra Kumar,Ramdhan Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Ramdhan, learned counsel for the applicant and Sri Rajesh Kumar Gupta, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the entire criminal proceedings of Criminal Case No. 119016 of 2024 (State vs. Kanhaiya Gurjar) arising out of Case Crime No. 105 of 2024 under Sections 452, 323, 504, 506 IPC, Police Station-Refinary, District-Mathura pending in the court of Additional Civil Judge (Senior Division), Court No. 2, Mathura as well as bailable warrant dated 21.3.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case and no such incident as alleged in the FIR has taken place. There is no injury sustained on the side of the opposite party. In view thereof, he seeks quashing of the entire proceedings of the instant case. 4. Per contra, learned A.G.A. submits that there is no injury and in the FIR also there is no averment with regard to any injury sustained by the opposite party no. 2. Only allegation is that the applicant along with two other persons jumped into the house of opposite party no. 2 by crossing the boundary wall and thereafter, assaulted the opposite party no. 2 and other family members with illegal weapons and when the opposite party no. 2 and other members of the family tried to catch hold of them, they escaped leaving their motorcycle on the spot. The incident was immediately reported to the concerned police chowki on the same date and subsequently, since no action was taken and their was marriage in the family of opposite party no. 2 on 26.4.2024, thereafter, on 28.4.2024 the opposite party no. 2 lodged the FIR at the police station. The matter was investigated and charge sheet was filed only against the applicant. Thereupon the trial court has taken cognizance of the matter against the applicant for the offences under Section 452, 323, 504 and 506 IPC vide order dated 24.9.2024 and the applicant was summoned for trial; against which the instant application has been filed by the applicant. 5. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the records of the case. 6. From the allegations made in the FIR, a prima facie case has been made out against the applicant. The matter was duly investigated and a charge sheet was filed having found that the allegations made in the FIR are true. Thus, in the considered opinion of this Court, from the allegations as made, a prima facie case is made out against the applicant upon which cognizance has been taken by the trial court. Hence, this Court does not find any good ground for interference in the matter. 7. In view thereof, the instant application is dismissed. Order Date :- 4.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad