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2025 DAILYLAW 94599 (ALL)

RIHAN AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/34603/2025 · 2025-09-09

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34603 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Imran Ahmad, learned counsel for the applicants and Sri B. P. Singh, learned A.G.A. for the State-opposite party no.1. 2. This application u/s 528 BNSS has been preferred for quashing of the entire criminal proceeding as well as cognizance order dated 14.07.2021 and charge sheet dated 13.02.2020, in Case No.2282 of 2021, arising out of Case Crime No.696 of 2019, under sections 323, 504, 506, 332, IPC, Police Station Rasoolpur, District Firozabad. 3. It is contended by the learned counsel for the applicants that present prosecution is an abuse of the process of the Court. It is further contended that as per the FIR the allegation against the applicants is that applicants is indulged in using force on the team of electricity department, who have gone there for recovery of electricity dues. It is further contended that the injuries of the injured are simple in nature. 4. On the other hand, learned AGA for the State has opposed the above submissions made by learned counsel for the applicants and submitted that the investigating officer after conducting fair investigation submitted charge sheet against the applicants and the learned Magistrate has taken cognizance. He further submits that the applicants is failed to show any abuse of the process of the Court in the impugned order. Versus Counsel for Applicant(s) : Imaran Ahmad Counsel for Opposite Party(s) : G.A. Rihan And Another .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) 5. The allegation against the applicants is that applicants indulged in using force on the team of electricity department, who had gone there for recovery of electricity dues. The investigating officer after conducting the fair investigation submitted the charge sheet against the applicants and the learned Magistrate has taken cognizance. The applicants have failed to show any abuse of the process of the Court in the impugned order. 6. In view of the aforesaid facts, this Court is of the opinion that the present application lacks merits and is liable to be dismissed. 7. Accordingly, the present application is hereby dismissed. September 10, 2025 VKG NA528 No. 34603 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad