HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 2460 of 2026 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Ram Janam Shahi, 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 entire criminal proceedings of Case No. 3005 of 2022 (State Vs. Mukesh and others), arising out of Case Crime No. 0896 of 2020, under Sections 147, 148, 323, 325, 452, 504 and 506 I.P.C., Police Station Sirsaganj, District Firozabad, pending in the court of Additional Chief Judicial Magistrate-II, Shikohabad, Firozabad as well as impugned charge sheet No. 87 of 2021 dated 03.02.2021 and order dated 25.02.2022 passed by the additional Chief Judicial Magistrate-II, Shikohabad, Firozabad. 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. He further submitted that on 21.11.2003, the land management committee of the concerned village Panchayat made a proposal for the allotment of residential lease to the eligible persons of the village. The opposite party no. 2 had also applied but he was not found eligible and no land was allotted in his favour. The land was allotted in favour of one Suresh Kumar of plot no. 1515 measuring area 0.008 hectare. The aforesaid proposal of the land management committee was approved by the Sub-Divisional Officer, Shikohabad vide order dated 05.12.2003 and since then he was residing there by constructing a house upon the said land. He next submitted that on 02.11.2019, Suresh Kumar Versus Counsel for Applicant(s) : Ram Janam Shahi Counsel for Opposite Party(s) : G.A. Mukesh And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) made a proposal before several persons to sale out his house for the purpose of purchasing another house and the applicant no. 2 and husband of opposite party no. 2 were also interested in purchasing the said house but Suresh Kumar sold the said house to the applicant no. 2 and the applicants started living there. Thereafter the husband of opposite party no. 2 started threatening the applicants for vacating the said house and when the applicants refused to do so, the husband of opposite party no. 2 threatened for dire consequences. The husband of opposite party no. 2 filed an application, which was dismissed. He also submitted that as a counterblast, opposite party no. 2 lodged a first information report against the applicants regarding the incident dated 20.12.2020 with the allegation that the applicants came to her house and started beating her. She was medically examined and according to medical report, five injuries were found on her body. During investigation, statements of the injured and other witnesses were recorded. After investigation, charge sheet was submitted and the learned Magistrate has taken cognizance. On the basis of allegations made in the first information report, no case is made out against the applicants, therefore, cognizance order as well as charge sheet is liable to be set aside. 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 regarding the incident dated 20.12.2020. The injured was medically examined and according to medical report, five injuries were found on her body. During investigation, statements of opposite party no. 2 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. 0896 of 2020, under Sections 147, 148, 323, 325, 452, 504 and 506 I.P.C. was registered at Police Station Sirsaganj, District Firozabad against the applicants regarding the incident dated 20.12.2020. NA528 No. 2460 of 2026 2 During investigation, statements of opposite party no. 2, her daughter, and Dr. Rahul Jain 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. 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. 2460 of 2026 3 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad