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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34933 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. Heard learned counsel for the applicants, learned A.G.A. and perused the record. 2. The instant application has been filed by the applicants with the prayer to quash the chargesheet dated 13.07.2017 and cognizance/summoning order dated 18.12.2017 as well as entire proceedings of Criminal Case No. 510 of 2025 "Old No. 5864 of 2017" (State versus Ram Autar & Others) arising out of Case Crime No. 240 of 2017 under Sections 147, 308, 323, 504, 325 I.P.C. Police Station-Paraur, District-Shahjahanpur pending in the court of learned Additional Civil Judge (Junior Divison) Court No. 31 Shahjahanpur. 4. Learned counsel for the applicants submits that the present case, the F.I.R. has been lodged under Sections 147, 308, 323, 504, 325 I.P.C. at Police Station-Paraur on 14.06.2017 at 18.00 hours. In the said incident, Shripal, Sanjeev, Chandrapal and Brijpal are shown to be injured. In the F.I.R. version, none of the injured received any bone injury on the skull bone. It is next submitted that applicants have not committed the aforesaid offence, the opposite party no. 2 has falsely implicated the applicants only for the reason of some personal enmity. He lastly submits that the order dated cognizance/summoning order dated 18.12.2017 has been passed without application of judicial mind in a routine manner and as such the same is liable to be quashed. 5. Per contra, learned A.G.A. has submitted that cognizable offence is made out and as per the F.I.R. version and injury report of the injured persons injuries were sustained by the injured. However he could not dispute the fact Versus Counsel for Applicant(s) : Gaurav Gupta Counsel for Opposite Party(s) : G.A. Azad And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
that the present case is the outcome of previous enmity between the parties. 6. At the juncture, learned counsel for the applicants has prayed for an alternative prayer to direct the court below for deciding the bail application of the applicant. 7.
Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case they apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 8. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 9. With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. September 19, 2025 SY NA528 No. 34933 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad