Neutral Citation No. - 2025:AHC:35261 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 2126 of 2025 Applicant :- Vinod Kumar Alias Pintu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar,Satendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Satendra Kumar, learned counsel for the applicants, Sri Moti Lal, learned A.G.A. for the State. 2. This is an application under Section 528 BNSS preferred by the applicants for quashing the summoning order dated 20.11.2024 in Case Crime No.144 of 2024 (State Vs. Vinod Kumar @ Pintu and others) under section 115(2), 352, 351(2), 333, 125 of B.N.S., Police Station Chetganj, District Varanasi, pending in the court of Additional Chief Judicial Magistrate-05, District Varanasi. 3. Learned counsel for the applicants has submitted that an FIR stood lodged by the O.P. No.2 under Sections 115(2), 352, 351(2), 333, 125 BNS on 29.09.2024 relatable to the commission of offence on 28.08.2024, wherein it has been alleged that the applicants had administered beating and also extended injuries and hurled abuses pursuant whereto the applicant and one Nand Lal sustained injuries. Learned counsel for the applicants submits that even the applicant faction also sustained injuries that is one Shamsher. Submission is that the applicants have been falsely implicated in the case and they have not committed any offence. 4. This Court on 24.02.2025 required the learned A.G.A. to produced Radiological Examination report of the injured. 5. Learned A.G.A. on the other hand submits that once it is admitted to the applicants that there happens to be injuries on both the sides then, in the circumstances, the occurrence of the incident cannot be ruled out. He further submits that though in the Radiological Examination report nothing has been found to be abnormal, but there happens to be lacerated wound with respect to the injured Nand Lal. 6. Having heard learned counsel for the parties and after perusing the record, this Court is of the opinion that the applicants are not entitled to any protection, particularly in view of the fact that offences are made out, as there happens to be injury and offences stand made out from the first information report. So far as the fact that the applicants claim themselves to be innocent and applicant faction also sustained injuries are concerned, they are the matter of defences, that can be taken when the trial commences and not at this stage. 7. Accordingly, the Court declines to interfere in the proceeding. The application is rejected. 8. At this stage, learned counsel for the applicant submits that a direction be issued for consideration of the bail. 9. This Court has no reason to disbelieve that in case applicants move appropriate proceedings before the court below for enlargement of bail, then the same may be decided with most expedition in accordance with the law of the land. 10. Part of the case diary is taken on record and marked as Appendix-'A'. Order Date :- 11.3.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad