RAJAN RANA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/26507/2025 · 2025-07-24
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78643 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78643 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:124253 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 26507 of 2025 Applicant :- Rajan Rana And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Shri Amit Kumar Srivastava, learned counsel for applicants and Sri Pankaj Saxena, learned AGA-I, for the State. 2. The instant application has been preferred with a prayer to quash entire proceeding of Session Trial no. 620 of 2024, State vs. Rajiv Rana and others arising out of impugned charge sheet dated 18.9.2024 in Case Crime no. 386 of 2024 under sections 147, 148, 149, 307, 327, 427, 504, 506, 394, 120B IPC & 3/4/25 Arms Act, PS- Izzatnagar, District Bareilly pending in court of Sessions Judge, Bareilly, in respect of applicants. 3. Submission of learned counsel for the applicants are two fold; (1) Regarding the same incident two first information reports have been lodged which is not permissible in the eye of law under Sections 162 Cr.P.C and the proceeding of other FIR bearing Case Crime no. 384 of 2024 has already been quashed in favour of applicants by this Court vide order dated 1.7.2025 passed in Application u/s 482 no. 42263 of 2024, and as such proceeding of present case be also quashed, (2) This is a case of no injury. It is also submitted that applicants are students and they have no criminal history to their credit. 4. Per contra, Sri Pankaj Saxena, learned AGA-I, could not satisfy the Court over the issue that once the similar order has been extended considering the facts and circumstances which are available in the similar FIR, wherein entire proceeding has already been set aside under which circumstances, the prosecution may be permitted to initiate in similar facts for prosecuting applicants in the instant Case Crime no. 386 of 2024.He also did not dispute the fact that applicants are students and there is no criminal history against them. 5.
After having the rival submissions extended by learned counsel
for the parties, it is apparent that the allegations made through the First Information Report as well as implication of the applicants through charge sheet are general and vague in nature and after perusing their educational qualifications it is also apparent that applicants are students and due to pendency of the present case, their career will be spoiled and more so applicants are not habitual offender and there is no criminal history against them except the present case. 6. In view of the above, impugned charge sheet dated 18.9.2024 as well as entire proceedings of Session Trial no. 620 of 2024, State vs. Rajiv Rana and others arising out of Case Crime no. 386 of 2024 under sections 147, 148, 149, 307, 327, 427, 504, 506, 394, 120B IPC & 3/4/25 Arms Act, PS- Izzatnagar, District Bareilly pending in court of Sessions Judge, Bareilly, in respect of applicants namely Rajan Rana and Ashish, are hereby set aside and quashed. 7. Accordingly, the present application is allowed. 8. The above consideration is being made by this court only on the basis of their educational certificate which have been produced by
learned counsel for the applicants through affidavit in support of application through which it transpired that they are students and pursuing their higher education and considering the future of the applicants namely Rajan Rana and Ashish this order is being passed and the same shall not be taken as a precedent in any other case.
Order Date :- 25.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad