HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30980 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS') has been filed seeking following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and direct to Chief Judicial Magistrate, Bareilly, to summon the accused under Section 307 also in Case No. 14578 of 2024 (State Vs. Manish Agrawal and Others), arising out of charge sheet no. 279 of 2024, dated 31.07.2024, in Crime No. 246 of 2024, Police Station Izzat nagar, District Bareilly, pending in the Court of Chief Judicial Magistrate, Bareilly, during the pendency of present application before this Hon'ble Court and / or may pass such other and further order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 3. It is submitted by learned counsel for the applicant that applicant is informant of the aforesaid case and in the alleged incident he was brutally assaulted by the opposite party nos. 2 and 3. In the first information report there is allegation against the opposite party nos. 2 and 3 that in order to kill the informant, they have pressed his neck. The informant has sustained injuries at his neck. The incident regarding assault is also established from the C.C.T.V. footage. It was submitted that in these facts and circumstances, a case under Section 307 I.P.C. was made out but the police have submitted charge sheet only for offence under Section 325 I.P.C. The Trial Court has taken cognizance in a routine manner without considering facts of the case. Referring to these facts, it was submitted that a direction may be made to the Versus Counsel for Applicant(s) : Rajnish Kumar Pandey, Santosh Kumar Pandey Counsel for Opposite Party(s) : G.A. Somesh Baba .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) Chief Judicial Magistrate, Bareilly to summon the opposite party nos. 2 and 3 for offence under Section 307 I.P.C. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality in the summoning order and that no case for direction as sought by informant is made out. 5. I have considered the rival submissions and perused the record. 6. In the instant matter, perusal of record shows that regarding an incident dated 09.01.2024 the informant has moved an application under Section 156(3) Cr.P.C. on 29.01.2024 and thereafter the first information report of this case was registered on 30.04.2024 under Section 307 I.P.C. In medical examination report injury was shown in the ear of the informant, which was opined grievous in nature. After investigation, the police have submitted charge sheet under Section 325 I.P.C. and cognizance was taken accordingly. It is correct that in the first information report the informant has alleged that he was assaulted by the opposite party nos. 2 and 3 and they have pressed his neck but in view of attending facts and circumstances, it does not appear that opposite party nos. 2 and 3 have intention to commit the murder of informant. In that regard the allegations made by the applicant lack cogency and efficacy. However, if during trial on the basis of evidence the Trial Court comes to conclusion that a case under Section 307 I.P.C. is made out, the Court may proceed to commit the case to Session Court in accordance with law. 7. In view of these facts and circumstances, no case for making any direction to the Chief Judicial Magistrate, Bareilly, as sought by applicant, is made out. The application under Section 528 BNSS lacks merit and thus, liable to be dismissed. 8. This application under Section 528 BNSS is dismissed. September 12, 2025 SK Srivastava NA528 No. 30980 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad