HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22247 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. 2. Instant application under Section 528 BNSS, has been filed to quash the entire criminal proceedings of Case No. 17474 of 2025, under Sections 110, 115(2), 352, 351(2) B.N.S. pending before the Court of Civil Judge (S.D.)/F.T.C. Additional Chief Judicial Magistrate, Bhadohi arising out of Case Crime No. 20 of 2025 together with chargesheet dated 30.03.2025 filed against the applicants after investigation. 3. Learned counsel for the applicant submits that in the present case, the injury report of injured Manoj Kumar Maurya is as follows: "i. Lacerated wound present Rt. side of head just above the temporal bone 9x2 cm in sine bone deep 11 cm above and away from Lt. ear blood clots present around wound which is kept, under observation and advice X-Ray. ii. Contused swelling present Rt. side of face about 5x5 cm in sine red in colour 6 cm above from wrist joint which is kept under observation and advice X-Ray. iii. Complaining of pain in lower back no visible injury." 4. However, the doctor in his supplementary report dated 28.03.2025 has stated that injury no. 1 and 2 were referred to District hospital for X-ray and per radiological opinion of doctor, injury no. 1 and 2, there is no fracture and are simple in nature. Even then, the Section 110 B.N.S. has been added during investigation in penal Sections and the applicants are charge-sheeted Versus Counsel for Applicant(s) : Harish Chandra Counsel for Opposite Party(s) : G.A. Devraj Kushwaha And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) for the said offence. Cognizance was taken against them for alleged offence on 30.05.2025 on the basis of chargesheet filed by the police in aforesaid Sections. No case under Section 110 B.N.S. is made out against the applicants on the basis of said medical report. According to statement of learned counsel for the parties, the dispute has occurred regarding harvesting of mustard crop between the injured and the accused, Devraj Kushwaha. He next submitted that vide order dated 27.08.2025, learned AGA had sought time to obtain instructions on the point that on what basis Section 110 B.N.S. is applied in this case. 5. Learned AGA submits that although no fracture was found in X-Ray report of the skull bone of the injured, but due to severe assault made by lathi on the head of the injured, his head got lacerated which is apparent from the injury report of the injured and as per instructions received, the intensity of assault was such that there is a wound on head and its size is also considerable. 6. From perusal of the FIR version, statements of witnesses, injury in X-ray report of the injured, a cognizable offence is made out and no good case is made out for quashing proceeding of aforesaid criminal case in exercise of powers under Section 528 B.N.S.S., the head injury of the injured whether goes to the extent of Section 110 of B.N.S. is not a matter of fact and it will be considered by trial court on the basis of the entire material on record, this is admitted fact that the head injury of the applicant is of substantive nature. 7. At this stage, learned counsel for the applicants submitted that the applicants may be given opportunity to file a discharge application in this regard and they may be permitted to appear before the court concerned through counsel during pendency of discharge application. 8. To this request, learned AGA raised no objection as the applicants were arrested during investigation and offence is punishable with maximum seven years of imprisonment and cannot be categorized as serious or heinous offence. 9. The applicants are hereby permitted to move a discharge application through which they can include the grounds taken in the present case and learned court below is required to decide the same by reasoned and speaking order addressing the grounds taken therein. NA528 No. 22247 of 2025 2 10. In case discharge application is not allowed, then the question of bail of the applicants will be addressed by trial court in accordance with law laid down by Hon'ble the Apex Court. 11. With the above observations, the instant petition stands dismissed. September 12, 2025 Anjali NA528 No. 22247 of 2025 3 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad