MOHD ASLAMversusSTATE OF U.P. AND 4 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 47351 of 2025

Mohd Aslam
                                                           .....Applicant(s)
                                    Versus

State Of U.P. And 4 Others
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Satya Prakash Mishra
Counsel for Opposite Party(s) : Lalit Kumar Misra, Prajjwal Yadav,
                                Yadvendra Kumar Yadav, G.A.

Court No. - 81
                    HON'BLE CHAWAN PRAKASH, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State
and Sri Lalit Kumar Misra, learned counsel for the opposite party nos. 2
and 3. None present for the opposite party nos. 4 and 5.

2. The present application under Section 528 B.N.S.S. has been filed for
quashing the order dated 20.11.2025 passed by the learned Additional
Chief Judicial Magistrate, 4th, Bareilly in Complaint Case No. 955 of
2025 and also direct the concerned court to issue a fresh summoning order
against the opposite parties under the appropriate section or under
Sections 323, 504, 307, 427 I.P.C. in which first information report was
lodged at Police Station Baradari, District Bareilly.

3. It is submitted by learned counsel for the applicant that a first
information report was registered as Case Crime No. 510 of 2019, under
Sections 323, 504, 307, 427 I.P.C. at Police Station Baradari, District
Bareilly against the opposite party nos. 2 to 5. The applicant filed
Criminal Misc. Writ Petition before this Court with prayer to direct the
Investigating Officer to conduct fair and impartial investigation within
stipulated period. The said writ petition was allowed vide order dated
09.07.2019. Thereafter the applicant as well as opposite party nos. 2 to 5
filed a compromise affidavit on 22.06.2019 before the Investigating
Officer. In terms of compromise entered into between the parties, the
opposite party no. 2 to 5 gave two cheques of a sum of Rs. 99 lacs each in
favour of the applicant and also paid Rs. one lac in cash. When these
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cheques were presented for encashment, the same were dishonoured due
to insufficient fund. The applicant asked the opposite party no. 2 to abide
by the terms and conditions of the compromise but they denied the same.
Thereafter the applicant filed an application before the Additional
Director General of Police, Bareilly on 06.01.2020, who directed the
Senior Superintendent of Police, Bareilly for taking proper action. The
Investigating Officer filed final report on 23.09.2019 in pursuance of the
compromise entered into between the parties. When the opposite party no.
2 did not comply with the terms of the compromise entered into between
them, the applicant filed protest petition before the learned Magistrate.
The same was allowed and was registered as complaint case. Statement of
the applicant was recorded under Section 200 Cr.P.C. and statements of
witnesses namely Sadakat Husain and Husnain Khan under Section 202
Cr.P.C. were recorded. The learned Magistrate has summoned the
opposite party nos. 2 to 5 under Sections 324, 325/34 I.P.C. wherein a
criminal case under Sections 323, 504, 506, 327 I.P.C. is made out. The
learned Magistrate has not taken into consideration the medical
examination report and supplementary report, which clearly indicate that
the injuries were of grievous in nature and a fracture was found on the
skull of the applicant. It is further submitted that the impugned
summoning order has been passed in very casual manner whereas prima
facie case is made out against the opposite party nos. 2 to 5, therefore, the
same is liable to be set aside and the concerned Magistrate may be
directed to summon the accused persons opposite party nos. 2 to 5, under
Sections 323, 504, 307, 427 I.P.C.

5. Per contra, learned counsel for the opposite party nos. 2 to 5 opposed
the submissions made by learned counsel for the applicant and submitted
that the applicant lodged a first information report on the basis of false
and baseless allegations. After the incident, the applicant was medically
examined and doctor has opined that the injuries are of grievous nature. In
the medical examination report and supplementary report, nowhere stated
that the injuries were dangerous in nature. The learned Magistrate has
taken into consideration the statements of applicant and witnesses under
Sections 200 and 202 Cr.P.C. and given a detailed reasoned order in
passing the impugned order. No offence is made out against them. The
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                                    learned Magistrate has rightly passed the impugned order, therefore, the
                                    application is liable to be dismissed.

                                    6. As per facts of this case, a first information report as Case Crime No.
                                    510 of 2019, under Sections 323, 504, 307, 427 I.P.C. at Police Station
                                    Baradari, District Bareilly against the opposite party nos. 2 to 5. with the
                                    allegation that on 04.05.2019 at about 7.00 P.M. when the applicant was
                                    going to his field, Javed Husain, Hamid Husain, Arsad and Kaleem were
                                    also present. They asked him to withdraw the suit but he refused, on
                                    which the accused persons started beating him with sticks and rod.
                                    Hamid, Javed and Arsad were having knife in their hands. Javed attacked
                                    him with knife with intention to kill him whereas Kaleem throttled his
                                    neck with intention to kill him. He became unconscious and fell on the
                                    ground. During investigation, the applicant as well as opposite party nos.
                                    2 to 5 filed a compromise and final report was submitted by the
                                    Investigating Officer. Thereafter a protest petition was filed by the
                                    applicant. The statement of the applicant under Section 200 Cr.P.C. and
                                    witnesses under Section 202 Cr.P.C. were recorded. The learned
                                    Magistrate has summoned the opposite party nos. 2 to 5 under Sections
                                    324, 325/34 I.P.C. The learned Magistrate has taken into consideration the
                                    medical report, supplementary report and X-ray report that the injuries are
                                    of simple in nature, which were caused by hard and blunt object. The
                                    injury inflicted on the neck of the applicant was simple in nature. There is
                                    no illegality in passing the impugned order and the same has been passed
                                    as per facts of the case.

                                    7. The application being devoid of merit, is accordingly dismissed.



                                                                                         (Chawan Prakash,J.)
                                    April 1, 2026
                                    Rmk.




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