Neutral Citation No. - 2025:AHC:135608 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 638) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 29325 of 2025 Applicant :- Kapoorchand Chaursia And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Pradeep Kumar Chaurasia, learned counsel for the applicants and Sri Yogendra Singh, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the charge sheet no. 347 of 2023 dated 5.7.2023, cognizance/summoning order dated 6.7.2024 as well as the entire criminal proceedings of S.T. No. 181 of 2025 (State vs. Kapoorchand Chaurasia and other) arising out of Case Crime No. 0333 of 2023 under Sections 323, 504, 506, 325 and 308 IPC, Police Station-Badhalganj, District Gorakhpur. 3. Learned counsel for the applicants submits that the applicants have already obtained bail in the instant case and in the medical examination report fracture has been found on the left leg and right thigh of the injured. Learned counsel for the applicants submits that the offence under Section 308 IPC is not made out against the applicants for which they have been summoned in the instant case by the trial court. 4. Per contra, learned A.G.A. for the State submits that from the allegations which are made in the FIR, which are supported by the medical examination report as well as charge sheet submitted against the applicants, prima facie offence under Section 308, 323, 504, 506 & 325 IPC have been found to be established against the applicants on the basis of which the summoning order was passed against the applicants. However, trial is yet to begin and the applicants will have appropriate remedy after framing of charges. 5. In view thereof, the instant application is disposed of with liberty to the applicants to move an appropriate application for discharge or modification of charges framed against the applicants at the appropriate stage. Order Date :- 11.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad