RAMBHAGAT YADAV @ SHRIRAM YADAV AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 25938 of 2026

Rambhagat Yadav @ Shriram Yadav And 2 Others
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                      :   Manoj Yadav
Counsel for Opposite Party(s)                 :   Amit Singh, G.A.

Court No. - 79
                  HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for parties.

2. Present application has been preferred with the prayer to quash the
chargesheet dated 31.3.2024 and cognizance/summoning order dated
26.11.2024 passed by learned Chief Judicial Magistrate, Ballia along with
entire criminal proceedings of Case No. 26364 of 2024 (State Vs. Ram
Bhagat Yadav and others), arising out of Case Crime No. 66 of 2024,
under Sections 323, 504, 506 IPC, P.S.- Nagra, District Ballia.

3. Learned counsel for applicants argued that applicants have been falsely
implicated in the present case by opposite party no.2 only to harass them,
whereas by bare perusal of the narration made in the FIR, there is hardly
any allegation levelled against applicants upon which trial can proceed.
Allegation in the FIR is that during fixing of an electric pole in plot
pertaining to opposite party no. 2, applicants along with other co-accused
persons resisted it and they have beaten opposite party no. 2 and extended
death threat to her. In the aforesaid incident applicants have also received
grievous injuries. During course of investigation, no credible evidence has
been collected against the applicants. Applicant no.3 has been selected in
Agniveer (Arm Forces) and has joined his duties on 12.11.2025 and his
training is ongoing. Learned counsel for applicants has further submitted
that the present criminal proceeding is abuse of process of law. Learned
counsel for applicants further submitted that if there is hardly any
allegation levelled against applicants then under which circumstance, the
concerned Investigating Officer submitted chargesheet against them
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whereupon without applying its judicial mind, learned court concerned
took cognizance of offence over the said chargesheet which is bad in the
eye of law and as such, same may be quashed.

4. Per contra, learned counsel for opposite party no.2 as well as learned
AGA vehemently opposed the prayer as made in the application by way
of submitting that the contentions, which are sought to be raised on behalf
of applicants, would relate to disputed questions of fact, and would
involve appreciation of evidence.

5. After hearing rival submissions extended by learned counsels for the
parties and perusing the records this Court finds that so far as applicant
no. 3 namely Ashish Yadav is concerned, only general and vague
allegations have been levelled against him and also no credible evidence
has been collected during course of investigation for warranting his
implication in the present case. Moreover, considering the fact that
applicant no. 3 is a meritorious student and is under training in Agniveer
(Arm Forces), this Court observes that merely on basis of vague
allegations and without any specific role assigned to applicant no. 3,
continuance of trial proceedings against him not only would amount to
abuse of process of law but also will ruin his entire career.

6. In view of aforesaid discussions, entire proceeding of Case No. 26364
of 2024 (State Vs. Ram Bhagat Yadav and others), arising out of Case
Crime No. 66 of 2024, under Sections 323, 504, 506 IPC, P.S.- Nagra,
District Ballia including charge sheet dated 31.3.2024 and cognizance
order dated 26.11.2024 are hereby quashed and set aside only in
respect of applicant no. 3 namely Ashish Yadav.

7. So far as rest of the applicant nos. 1 and 2 namely Rambhagat
Yadav @ Shriram Yadav and Abhishek Yadav respectively are
concerned, on perusal of the narration of FIR as well as impugned order and
chargesheet, this Court does not find it to be a case where interference of this
Court is required. No such ground appears to be available in the present
application, on the basis of which, impugned order, chargesheet and entire
proceeding, can be set aside in respect of applicant nos. 1 and 2.

8. Accordingly, the prayer sought through the instant application, is refused
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                                    in respect to applicant nos. 1 and 2. Applicant nos. 1 and 2 are hereby
                                    directed to put their appearance before learned trial court in pursuance to
                                    impugned summoning order dated 26.11.2024 within three weeks from
                                    today. Till three weeks from today, no coercive action shall be initiated
                                    against them.

                                    9. The instant application u/s 528 BNSS stands disposed of accordingly.



                                                                                      (Saurabh Srivastava,J.)
                                    September 16, 2026
                                    Shaswat




Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad