Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31164 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J.
1. On perusal of FIR, it is apparent that both the parties lodged FIR against each other. Informant lodged FIR against opposite party no.2 as Case Crime No.725 of 2024, under sections 352, 115(2), 333, 191 B.N.S., Police Station Gajraula. Opposite party no.2 lodged FIR as Case Crime No.728 of 2024, under sections 126(2), 115(2), 352, 351(2) B.N.S. On perusal of both the FIR, it is evident that date of incident is same and both the parties engaged in fighting and received injury and lodged FIR. FIR lodged by the applicants against opposite party no.2 in which proceeding is under trial and present case which is said to be lodged in counterblast cannot be quashed as in one proceeding trial court is examining the facts as court is not inclined to examine material evidence collected by the Investigating Officer exercising power under section 482 Cr.P.C. Contents of both the FIR is not supported by medical examination report. No interference is warranted.
2. Hence, application u/s BNSS is, hereby, dismissed. September 26, 2025 SKD Versus Counsel for Applicant(s) : Anurag Yadav, Rajeev Nayan Singh Counsel for Opposite Party(s) : G.A. (Deepak Verma,J.) Mahesh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad