HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11299 of 2026 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. This matter has been taken up in the date fixed category. 2. Heard Sri Aditya Yadav, learned counsel for the applicants and learned AGA for State. 3. On previous occasion notices were issued to opposite party no.2 and the same has been reported as served, when the matter has been taken up today none appeared on behalf of opposite party no.2 either in person or through counsel. No option left but to consider the prayer as made through instant application on the basis of documents available in the records as well as arguments raised by learned counsel for the applicant, although it is moral and legal obligation upon the opposite party no.2 to put his appearance after service of notice before any forum of law for protecting and defending the case when the same has been challenged. 4. The instant application has been preferred for seeking quashing of entire proceedings of Criminal Case No.48807 of 2025 (State vs. Brijesh Pandey @ Lalbabu and Others) arising out of Case Crime No.241 of 2025, under sections 115(2), 352, 110 BNS, P.S. Kasimabad, District- Ghazipur, pending before learned court of ACJM, Ghazipur, including charge-sheet dated 19.08.2025 and cognizance/summoning order dated 06.11.2025. 5. While challenging the entire proceedings of above-mentioned case, learned counsel for the applicants submits that there is hardly any corroboration of evidence in respect of narration of FIR, if tallied with injury report, which has been made part of the case diary at the time of conduction Versus Counsel for Applicant(s) : Aditya Yadav, Bhoodev Yadav, Shivam Yadav Counsel for Opposite Party(s) : G.A. Mohan Yadav And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) of investigation, whereupon charge-sheet has been submitted and the applicant has been implicated in pursuance to sections 115(2), 352, 110 BNS. So far as section 110 BNS is concerned, learned counsel for applicants submits that there is hardly any injury, which would attract implication of applicant under section 110 BNS, but at the time of taking cognizance, in the most mechanical manner applicant has been summoned in the above sections. Learned counsel for the applicants further submits that the entire investigation does not lead any offence against the applicants as mentioned in the narration of FIR, but in spite of that applicants have been put for trial into unwarranted criminal litigation. 6. Per contra, learned AGA vehemently opposed the prayer sought through instant application and rebutted the stand taken up by learned counsel for the applicants and sought the attention of this Court over the proceeding-sheet no.7 dated 23.06.2025, through which it has been transpired that considering the severity of the condition after sustaining injuries informant along with her sister being the victim of the alleged incident has been referred to Higher Medical Center at District Ghazipur. Learned AGA also submits that no specific documents have been appended at the time of preferring instant application in shape of treatment whatsoever has been carried out over the victim at Higher Medical Center, District Ghazipur. 7. After hearing rival submissions extended by learned counsel for the parties and upon perusal of record, this Court finds that no consideration can be exceeded in pursuance to prayer as sought through instant application and as such the instant application lacks merit. 8. Accordingly, the instant application is dismissed. May 6, 2026 Saif NA528 No. 11299 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad