HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.625) Neutral Citation No. - 2025:AHC:135482 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 29301 of 2025 Applicant :- Virendra And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Naveen Kumar Yadav,Pradeep Kumar Yadav,Saurabh Yadav Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Saurabh Yadav, learned counsel for the applicants and Shri S.K. Ojha, learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been filed seeking quashing of the summoning order dated 12.12.2023 as well as the entire proceedings of Case No. 2758 of 2021 (State Vs. Virendra and others) arising out of Case Crime No. 258 of 2019 under sections 308, 323, 504 IPC police station Pipiganj District Gorakhpur. 3. Learned counsel for the applicants submits that for an incident dated 14.12.2019 an NCR was lodged by the applicant no. 1 against the opposite party no. 2 and others. For the same incident after ten days an FIR was lodged by the opposite party no. 2 against the applicants herein, therefore, learned counsel for the applicants submits that the instant case is nothing but a counter blast and a malicious prosecution on the part of the opposite party no. 2. Therefore, he seeks quashing of the entire proceedings of the instant case against the applicants. 4. Per contra, learned A.G.A. submits that so far as the incident dated 14.12.2019 is concerned, it is categorically admitted by the applicants by filing the NCR. The incident is supported by the medical evidence wherein the injured Amit Yadav sustained injuries on his left side forehead just above right eyebrow and right side face and knee joint. Two other injured persons, namely, Vinod Yadav and Pramod Yadav have also sustained injuries. Therefore it cannot be said that the incident as such has not taken place. As per the prosecution case three have sustained four injuries and after completing the investigation charge sheet has been submitted against the applicant. Therefore, it cannot be said that there is a malicious prosecution against the applicants or is a counter blast case, as has been argued by the learned counsel for the applicant. He therefore submits that no interference is called for by this court. 5. Having considered the rival submission made by learned counsel for the parties, this court has thoroughly gone through the record of the case. So far as the incident dated 14.12.2019 is concerned, that is admitted by both the parties, therefore, it cannot be said that no such incident has occurred. The injured Amit Yadav as well as Promod Yadav and Vinod Yadav have sustained injuries and they have been medically examined. Therefore, it cannot be said that the instant case is a counter blast case or a malicious prosecution against the applicants herein. 6. For the aforesaid reasons, this court does not find any good reason for interference in the instant case. Accordingly the application is dismissed. Order Date :- 11.8.2025 o.k. (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad