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2026 DAILYLAW 994 (ALL)

AMAR BAHADUR v. STATE OF U.P. AND ANOTHER

NA528/9821/2026 · 2026-03-18

Padam Narain Mishra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9821 of 2026 Court No. - 82 HON'BLE PADAM NARAIN MISHRA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application u/s 528 BNS has been filed with a prayer to quash the entire proceedings of Criminal Case No. 315 of 2021 (State vs. Suresh and others), arising out of Case Crime No. 0007 of 2019, under Sections 323, 504, 506, 325 of IPC, P.S. Saraikhwaja, District Jaunpur, as well as cognizance/summoning order dated 05.01.2021, passed by Additional Chief Judicial Magistrate 3rd, Jaunpur. 3. The allegation against the applicant is that on 03.01.2019, he and other co-accused persons committed mar-peet with the informant and abused to him and also threatened to kill him and in the said incident, the first informant has sustained injuries. 4. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the FIR. Neither he abused the first informant nor beaten him. He has next submitted that the injured persons have medically examined on 06.03.2019, in which they have received simple injury caused by hard and blunt object. He has further submitted that the investigating officer without proper investigation, has submitted charge sheet against the applicant and the trial court has taken cognizance against the applicant under Sections 323, 504, 506, 325 IPC. He has next submitted that there is no progress in the case pending before the trial court since long and no evidence has been adduced till date. Versus Counsel for Applicant(s) : Mohd. Monis, Rahul Saroj Counsel for Opposite Party(s) : G.A. Amar Bahadur .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned AGA for the state has opposed the submission advanced by the learned counsel for the applicant. 6. I have considered the submissions advanced by learned counsel for the parties and perused the record. 7. From the perusal of the record, it transpires that the allegations against the applicant are specific in nature regarding assault, abuse and criminal intimidation. The medical report also indicates that injuries were sustained by the informant, though stated to be simple in nature. The submissions advanced by learned counsel for the applicant relate to disputed questions of fact, including the role of the applicant and the nature of injuries, which cannot be adjudicated upon in proceedings under Section 528 B.N.S.S. At this stage, this Court does not find any ground to interfere in the impugned proceedings. However, considering the fact that the matter is pending since long and no evidence has been led so far, the applicant deserves liberty for expeditious disposal of the case. 8. Under the circumstances, the present application under Section 528 BNSS is finally disposed of with a direction to the trial court concerned to decide the aforesaid case expeditiously, preferably, within a period of six months, without granting unnecessary adjournment to any party from the date of production of certified copy of this order. March 19, 2026 v.k. updh. NA528 No. 9821 of 2026 2 (Padam Narain Mishra,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad