HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21486 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2, learned A.G.A. and perused the record. 2. The instant application has been filed by the applicant with the prayer to quash the entire proceedings of Case No.4840 of 2025, arising out of Case Crime No.509 of 2024, under Sections 333, 115 (2), 118 (1), 352, 351 (2), 351 (3), 117 (2) and 109 BNS, Police Station Naugawan Sadat, District Amrroha as well as charge-sheet No.56 of 2025 dated 11.03.2025 and cognizance/summoning order dated 25.04.2025 passed by the learned Chief Judicial Magistrate, Amrroha. 3. Learned counsel for the applicant submits that the applicant and co-accused persons have been charge-sheeted under the aforesaid Sections. The applicant has been falsely implicated in the present case. The co-accused, namely Muqeem and Bholu @ Mohd. Jamal, have already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 12037 of 2025, vide order dated 15.05.2025, wherein it was observed that the injuries sustained by the injured persons, which has been opined in grievous nature, are not on vital part of the body or Versus Counsel for Applicant(s) : Rizwan Ahmad(Qureshi), Shraddha Shukla Counsel for Opposite Party(s) : G.A., Javed Alam, Mohd. Azam Kamal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) threat to life. He next submits that two unknown persons are also named in the FIR, who have not been traced during the investigation. No specific role has been assigned to the applicant in the present case. There is a cross-case relating to the same incident, which was lodged at the instance of Maimuna Khatun, mother of the applicant, under Sections 191(2), 333, 115(2), and 151(2) BNS, regarding an incident dated 04.09.2024 at 21:00 hours. In the present case, the time of the incident is shown as 20:00 hours, indicating an one-hour difference in timing between the two FIRs concerning the same incident. In the FIR lodged by the applicant’s mother, the informant, she is stated to have suffered two injuries, one on the hand and another on the shoulder. 4. Per contra, learned counsel for opposite party No.2 submits that two persons on the informant’s side suffered extensive injuries, and the alleged cross-case was lodged at the instance of the mother of the applicant merely to create pressure. He further submits that the cross-case was lodged after two days of lodging of FIR by the informant. The present FIR was lodged on the same day when the incident occurred, whereas FIR in the cross-case was lodged after a delay of two days. This creates a doubt regarding the authenticity of the FIR version in the cross-case. 5. At this stage, learned counsel for the applicant submits that the applicant may kindly be granted an opportunity to file discharge application through counsel on the said grounds, as well as on any other grounds left in the present application. 6. Considering the rival submissions of learned counsel for the parties and injury reports of the injured persons in the present case, no ground is found to quash the proceedings of the criminal case under Section 528 BNSS. 7. In view of the above, it is directed that the applicant may appear before the concerned Court. Except for the applicant, NA528 No. 21486 of 2025 2 the other accused persons have already been enlarged on bail in the present case. The trial Court may commit the case to the Court of Session, permitting the applicant to get his case committed through counsel and after committal, the applicant shall be at liberty to move discharge application through counsel, which shall be heard and decided expeditiously after hearing the parties, in accordance with law, preferably within two months from the date of committal of the case. In case the discharge application is dismissed, the applicant shall surrender before the trial Court immediately and move bail application, in accordance with law. 8. Accordingly, the application is dismissed with above observations. September 17, 2025 Amit NA528 No. 21486 of 2025 3 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad