HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23620 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicants, Sri Chandan Kumar Chaturvedi learned counsel for the respondent No.2 and learned A.G.A. for the State- respondents and perused the material available on record. 2. The instant application under Section 528 BNSS has been filed by the applicants with prayer to quash the entire proceeding of Criminal Case No.8643 of 2024, chargesheet No.01/2024 dated 11.01.2024 as well as cognizance order dated 07.09.2024 arising out of Case Crime No.663 of 2023, under Sections 323, 504, 506, 34 IPC, at Police Station Kotwali, District Azamgarh, pending in the court of Chief Judicial Magistrate, Azamgarh. 3. Learned counsel for the applicants submitted that applicant No.1 is a practicing Advocate and he has been pleading a criminal case registered as Case Crime No.58 of 2023, under Sections 363 and 366 IPC P.S. Kaptanganj, District Azamgarh as an advocate of accused persons in the said case, but due to said enmity the witnesses of present case had badly assaulted him and committed criminal mischief, criminal intimidation and insult of said applicant on 17.11.2023 in respect of which he lodged an FIR vide Case Crime No.654 of 2023 under Sections 427, 308, 34, 506, 504, 323 IPC, P.S. Kotwali, District Azamgarh against informant side of present case and he has been falsely implicated in the present case. He further submitted that co-accused Chandra Shekhar Chauhan is presently residing in Dubai and coercive process under Sections 82 and 83 Cr.P.C. has been issued against Versus Counsel for Applicant(s) : Shambhavi Nandan Counsel for Opposite Party(s) : Chandan Kumar Chaturvedi, G.A. Ashwani Chauhan Alias Tony And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) him, due to his non-apprehension. 4. Learned counsel for the applicants further submitted that present FIR has been lodged against as a counter blast of earlier FIR lodged at the instance of applicant No.1 by changing the time of occurrence, which is shown as 17:00 hours, but date of occurrence is same in both the cases. The name of one accused Abhai Singh was dropped in chargesheet who was earlier named in FIR in the present case. The present FIR has been lodged after three days of alleged incident which gives ample time for concoction, after thought and false implication. The FIR of applicant side was lodged on the same day of incident. Some accused persons have been enlarged on bail and coercive process have been issued against some of the accused persons. Chargesheet has already been filed in the case lodged at the instance of applicant Chandra Shekhar Chauhan against witnesses of present case. 5. Learned counsel for the applicants lastly submitted that the proceedings of present criminal case are nothing but abuse of process of law, therefore, same is liable to be quashed by order of this Court. 6. Learned counsel for the applicants submitted that even if it is admitted that present case is cross case of earlier FIR lodged at the instance of applicant No.1, in that situation also keeping in view the fact that both sides have received injuries, the case is liable to be proceeded and only on recording of evidence adduced by the parties, any inference can be drawn regarding the fact that which side is aggressor. 7. In view of the above submissions and the fact that both sides have received injuries on the day of incident dated 17.11.2023. The proceedings of present case are not liable to be quashed at the threshold in exercise of power under Section 528 BNSS. However, the applicants are at liberty to move discharge application through counsel within two months from today before the trial court, in which they may raise the grounds taken in the present petition as well as any other ground which is available under law, and in case any such application is being filed, the same shall be heard and decided expeditiously, in accordance with law after giving opportunity of hearing to the parties, by a reasoned and speaking order. Accused persons who are not enlarged on bail and against whom coercive process has been issued are directed to appear before the court below within a month and NA528 No. 23620 of 2025 2 move bail application which shall be disposed of in light of the judgment of Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773, for a period of one month, the aforesaid coercive process issued against the applicants shall remain in abeyance. 8. With above directions this petition under Section 528 BNSS is dismissed. September 18, 2025 Ashish/- NA528 No. 23620 of 2025 3 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad