CHANDRASHEKHAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/23328/2025 · 2025-10-06
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70605 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70605 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23328 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicants to quash the entire proceeding of Case no. 5820 of 2023 (State vs. Chandra Shekhar and others) charge sheet no. 147 of 2023 dated 15.7.2023 arising out of Case Crime no. 155 of 2023 under sections 323, 504, 506, 325 IPC, PS- Kotwali, District Etawah as well as cognizance/summoning order dated 8.12.2023. 3. While assailing entire proceeding, it is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. The medical report of injured does not support the prosecution story. Present proceeding is counter-blast of some property dispute pending between the parties. Allegations contained in the FIR are false and baseless without any credible evidence, hence the entire proceeding is liable to be set aside. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, it is observed that prima facie it cannot be said that no offence is made out against the applicants. The assertions of false implication raised by the applicants are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 528 BNSS. In Versus Counsel for Applicant(s) : Abhay Raj Counsel for Opposite Party(s) : G.A. Chandrashekhar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
proceeding u/s 528 BNSS, this Court is not inclined to hold mini-trial. 6. It is well settled that the inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS. 7. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. However, if the applicants intends to prefer bail application before learned court concerned, they may prefer the same within a period of four weeks from today.
If they prefers the same, within a period of four weeks from today, the same shall be considered by learned concerned court in accordance with law. Till four weeks from today, no coercive action shall be initiated against the applicants namely Chandrashekhar and Upwan. October 7, 2025 Shaswat NA528 No. 23328 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad