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2025 DAILYLAW 86155 (ALL)

RAJ KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/31154/2025 · 2025-08-21

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145252 Court No. - 92 Case :- APPLICATION U/S 528 BNSS No. - 31154 of 2025 Applicant :- Raj Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babboo Ram Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Ambuj Misra, Advocate holding brief of Shri Babboo Ram, learned counsel for the applicant, learned A.G.A. for the State respondent and perused the record. 2. The instant application has been moved on behalf of the applicants to quash the impugned charge sheet dated 16.04.2025 and entire criminal proceeding of Case No. 478 of 2025 (State Vs. Raj Kumar and another) as well as cognizance/summoning order dated 08.05.2025 arising out of Case Crime No. 93 of 2025, under Sections 115(2), 351(3), 352 of BNS, P.S.- Garhmukteshwar, District- Hapur, pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Hapur. 3. Contention of learned counsel for the applicants is that impugned proceeding is absolutely malicious that the applicants are clerks in the same college where the opposite party no. 2 is a teacher. It is further submitted that a complaint made by applicant prior to the lodging of the FIR in question against the opposite party no. 2. 4. Learned A.G.A. vehemently opposed the prayer and submitted that there is specific allegation of beating and threatening to the first informant by the applicants and injury report also substantiate aforesaid allegation. 5. Considering the aforesaid submission and perused the record, It is clear that eye witness specifically supported the prosecution version regarding beating and threatening the opposite party no. 2 by the applicants which further substantiated by the injury report of the opposite party no. 2. Therefore, no case for quashing is made out. 6. However, it is provided, if applicants move discharge application at the appropriate stage before the court below, the same shall be considered in accordance with law. Order Date :- 22.8.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad