HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 2461 of 2026 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Kamlakar Pal, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned A.G.A. for the State and perused the record. 2. The applicants filed the present application under Section 528 B.N.S.S. to quash the charge sheet dated 20.02.2023 including entire proceedings of Case No. 2415 of 2023 (State Vs. Prempal and others), arising out of Case Crime No. 386 of 2022, under Sections 147, 336 and 323 I.P.C., Police Station Kalan, District Shahjahanpur as well as cognizance/summoning order dated 03.11.2023 passed by the learned Judicial Magistrate, Jalalabad, District Shahjahanpur. 3. Learned counsel for the applicants submitted that the applicants are innocent, they have not committed the alleged offence but they have been falsely implicated in this case. The opposite party no. 2 lodged a first information report as case Crime No. 386 of 2022, under Sections 147, 336 and 323 I.P.C., Police Station Kalan, District Shahjahanpur against the applicants with the allegation that applicants assaulted the son of the opposite party no. 2 in which he sustained injuries. He further submitted that as per the allegation, the injured was brought to P.H.C. Kalan but his medical examination was not conducted. He was referred to District Hospital, Shahjahanpur for better treatment. During investigation, statements of opposite party no. 2, injured person and other witnesses were recorded. After investigation, charge sheet was submitted and the learned Magistrate has taken cognizance. He, next submitted that there is no injury report of the injured on record and in absence of any medical report, no case is made out against the applicants, therefore, cognizance/summoning order as well as charge sheet is liable to be set aside. Versus Counsel for Applicant(s) : Kamlakar Pal Counsel for Opposite Party(s) : G.A. Prem Pal Alias Jaypal And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Per contra, learned A.G.A. vehemently opposed the submissions made by learned counsel for the applicants and submitted that opposite party no. 2 lodged a first information report against the applicants.The injured was brought to P.H.C. Kalan, Shahjahanpur. As per case diary, the injured arrived P.H.C., Kalan on 24.11.2022 at 3.55 P.M., which is noted in emergency register at Page No. 196 at serial no. 1851. Thereafter, he was referred to District Hospital, Shahjahanpur for better treatment. During investigation, statements of opposite party no. 2, injured person and other witnesses were recorded wherein they supported the prosecution version. After investigation, charge sheet was submitted against the applicants and the learned Magistrate has taken cognizance. He further submitted that on the basis of evidence collected during investigation, it cannot be said that no offence is made out against the applicants, therefore, application is liable to be dismissed. 5. As per facts of the case, a first information report as case Crime No. 386 of 2022, under Sections 147, 336 and 323 I.P.C. was registered at Police Station Kalan, District Shahjahanpur against the applicants. As per the allegations made in the first information report, the opposite party no. 2 sustained injuries. He was brought to P.H.C. Kalan, Shahjahanpur. As per case diary, the injured arrived at P.H.C. Kalan on 24.11.2022 at 3.55 P.M., which is noted in emergency register at Page No. 196 at serial no. 1851. Thereafter he was referred to District Hospital, Shahjahanpur for better treatment. During investigation, statements of opposite party no. 2, injured and other witnesses were recorded. After investigation, charge sheet was submitted against the applicants and the learned Magistrate has taken cognizance. 6. From the perusal of material on record and the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed questions on fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 528 B.N.S.S.. At this stage, only prima facie case to be considered in the light of the law laid down by Supreme Court in the case of RP Kapoor Vs. State of Punjab, AIR 1990 SC 66; State of Haryana Vs. Bhajan Lal, 1992 SCC (Criminal) 426; and State of Bihar Vs. P.P. Sharma, 1992 SCC (Criminal) 192. The disputed defence of the applicants cannot be considered at this stage. NA528 No. 2461 of 2026 2 7. Considering the facts and circumstances of the case, I do not find any ground to quash the aforementioned case, therefore, the prayer for quashing the same is hereby refused and the application is dismissed. May 5, 2026 Rmk. NA528 No. 2461 of 2026 3 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad