PREM PAL ALIAS JAYPAL AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER

             HIGH COURT OF JUDICATURE AT ALLAHABAD

                 APPLICATION U/S 528 BNSS No. - 2461 of 2026

Prem Pal Alias Jaypal And 6 Others
                                                                .....Applicant(s)
                                     Versus
State of U.P. and Another
                                                           .....Opposite Party(s)

Counsel for Applicant(s)                            :    Kamlakar Pal
Counsel for Opposite Party(s)                       :    G.A.

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.
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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.
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                                    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.
                                                                                        (Chawan Prakash,J.)




Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad