HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25351 of 2025 Court No. - 92 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard Shri Pankaj Kumar Shukla, learned counsel for the applicants and Shri Amit Singh, learned Additional Government Advocate for the State-opposite party No. 1. 2. The instant application under Section 528 BNSS has been filed by the applicants for quashing the proceedings of Case No. 117 of 2021 (State vs. Gambhir and others) arising out of Case Crime No. 117 of 2021, under Sections 147, 332, 353, 504, 506, 427, 224 IPC, Police Station Magorra, District Mathura pending in the court of Judicial Magistrate, court No. 1, Mathura. 3. Submission is that father of applicant Nos. 1 to 5 took a loan mortgaging certain land with the Bank. Since part of the property was sold by the borrower, the Bank officials lodged a first information report registered at Case Crime No. 863 of 2020, regarding unlawful sale of the property without obtaining permission from the Bank. Applicants' father was wanted in the said case, however, during the course of time, the said dispute has been settled and not only loan has been discharged, Bank officials have issued certificate that no proceedings pursuant to the aforesaid FIR be undertaken and the proceedings be dropped. Although, it is urged that ultimately final report has been submitted in the said case, however no documentary evidence has been annexed to that effect nor is there any averment made in the affidavit. 4. The dispute in the present case is that when the police officials went to Versus Counsel for Applicant(s) : Pankaj Kumar Shukla Counsel for Opposite Party(s) : G.A. Gambhir Singh and 5 others .....Applicant(s) State of U.P. and another .....Opposite Party(s) arrest the borrower in connection with the aforesaid case on 27.06.2021, some tussle took place between the applicants being family members of the borrower and the police officials. Consequently, when the applicants attempted to lodge FIR against the police personnel, their FIR was not registered and, consequently, they moved an application under Section 156(3) Cr.P.C. Simultaneously, FIR at Case Crime No. 117 of2021 was registered against the applicants in connection with the same incident. 5. Learned Magistrate concerned after taking into consideration the report of the police station concerned that the applicants were themselves accused in Case Crime No. 117 of 2021, rejected the application under Section 156(3) Cr.P.C. by order dated 29.07.2021. The said order is said to be under challenge in Criminal Revision filed on 26.10.2021, which is said to be pending. It is, therefore, urged that unless the cross case is registered about which the applicants have every hope from the revisional court, in case the applicants are convicted or trial proceeds in the aforesaid matter, the applicants' grievance would remain un-redressed to. It is further urged that eye-witnesses mentioned in the charge sheet have filed their affidavits that they did not see the occurrence and, therefore, there is no evidence against the applicants. 6. Per contra, Shri Amit Singh, learned A.G.A. submits that charges have already been framed by order dated 25.07.2024 and even some evidence has been recorded thereafter and, therefore, once the trial proceedings have been put in motion, no interference is warranted. It is further urged that since public officials were obstructed in discharge of their official duties, the applicants have committed serious offence and, therefore, no indulgence is required. 7. Having heard learned counsel for the parties, I find that admittedly, the revision against the order rejecting application under Section 156(3) Cr.P.C. is pending. What would be the fate of the revision is not the matter of concern in these proceedings. However, in case the trial based upon Case Crime No. 117 of 2021 comes to an end and ultimately the applicants are found guilty, the prosecution sought to be lodged by them against the police officials, which is subject matter of revision, would be rendered practically infructuous. Therefore, in view of above fact that NA528 No. 25351 of 2025 2 cross versions are there concerning the same incident, the court concerned has ample power to look into the said aspect of the matter in the light of chronology of events narrated herein-above. 8. In order to sub-serve the ends of justice, the present application is disposed of with the following directions:- (i) The applicants are permitted to move appropriate application before the trial court entertaining the proceedings based upon Case Crime No. 117 of 2021 ventilating their grievances based upon pendency of revision in the matter. (ii) In case, such an application is filed within a period of four weeks from today, the same shall be decided within next two months after hearing both sides and strictly in accordance with law. (iii) For a period of three months from today, no coercive action shall be taken against the applicants in the present case. September 16, 2025 Sazia NA528 No. 25351 of 2025 3 (Kshitij Shailendra, J.) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad