Neutral Citation No. - 2025:AHC:129996 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.2) Court No. - 78 Case :- APPLICATION U/S 482 No. - 26179 of 2024 Applicant :- Pramod And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Brijesh Kumar,Ranjana Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Kumar Parikshit, learned counsel for the applicants and Sri Vijay Rathi, learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 14.07.2022 passed in Complaint Case No. 33244 of 2022 (State vs. Pramod and Others) under Sections 323, 504 I.P.C., P.S.- Bisrakh, District- Gautam Buddh Nagar, pending in the court of learned Chief Judicial Magistrate, Gautam Buddh Nagar. 3. Learned counsel of the applicants submits that for an incident dated 13.06.2020, the opposite party no.2 has lodged an N.C.R. against the applicants herein on the same date. After registration of the N.C.R. medical examination was also conducted of the opposite party no.2. Subsequent thereto, the opposite party no.2 moved an application under Section 155(2) Cr.P.C., which was allowed and the investigation was directed. After completion of the investigation, the charge-sheet was filed for the offence under Section 323 and 504 I.P.C. against the applicants herein. Thereafter, since the charge-sheet was filed only for the non- cognizable offences against the applicants the learned Magistrate treated the N.C.R. as a complaint in view of Section 2(d) Cr.P.C. and thereafter summoned the applicants herein for the offence herein under Section 323 and 504 I.P.C. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated and no weapons whatsoever has been assigned to the applicants herein and also there is no motive assigned in the N.C.R. reported by the opposite party no.2, therefore, he seeks quashing of the entire proceedings against the applicants. 5. Per contra, learned A.G.A. submits that the opposite party no.2, has reported the incident as has actually happened without any exoneration on his part and the injuries sustained by the opposite party no.2 supports the prosecution. Matter has also been investigated and in the investigation also investigation agency has found involvement of the applicants herein, and thus, a charge- sheet was filed against the applicants. Thus, there is no illegality in the summoning order against the applicants, as there was sufficient material for summoning the applicants herein. Therefore, learned A.G.A. seeks dismissal of the instant application. 5. Having heard the rival submissions so made by learned counsels for the parties, this Court has carefully gone through the record of the case as noted hereinabove. In the N.C.R. it has been stated that the opposite party no.2 was sitting in his market when all of a sudden the applicants came there, abused and assaulted the opposite party no.2 whereupon, he sustained injuries on his head and on finger. The aforesaid version of the N.C.R. is supported by the medical report, whereby the three injuries were sustained, which correlate with the version as narrated in the N.C.R. Thereafter, after the application under Section 155(2) Cr.P.C. was allowed, then after investigation the chargesheet was filed, confirming the involvements of the applicants herein. 6. In this view of the matter, since there is sufficient material available against the applicants herein, looking at provisions of Section 2(d) Cr.P.C., the Magistrate has taken cognizance of the police report as complaint case and thereby summoned the applicants herein for the offences under Sections 323 and 504 I.P.C. 7. Therefore, in the considered opinion of this Court, there is no illegality in the summoning order issued against the applicants herein. Therefore, the instant application is without merits and the same is accordingly dismissed. Order Date :- 4.8.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad