DIGVIJAY SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 47682 of 2025

Digvijay Singh And 2 Others
                                                           .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                     :   Anil Kumar Yadav
Counsel for Opposite Party(s)                :   G.A.

Court No. - 79
                    HON'BLE CHAWAN PRAKASH, J.

1. Heard Sri Anil Kumar Yadav, learned counsel for the applicants and
Sri Kamal Dev Rai, learned A.G.A. for the State.

2. The present application under Section 528 B.N.S.S. has been filed for
quashing the charge sheet dated 25.12.2023 along with cognizance order
dated 10.10.2024 as well as entire proceeding of Case No.1762 of 2024
(State Vs. Deepak Sharma Marwadi & Others) arising out of Case Crime
No.74 of 2023, under Sections 323, 504, 506, 501, 294, 120B I.P.C.,
Police Station Pheelkhana, District Kanpur Nagar.

3. Learned counsel for the applicants submits that on 6.7.2021 the wife of
applicant No.2 lodged a First Information Report as Case Crime No.0034
of 2026, under Sections 506, 504 I.P.C. at Police Station Pheelkhana,
District Kanpur Nagar against the opposite party No.2 another accused
person. After due investigation, the police submitted a charge sheet
against opposite party No. 2 and another accused person. Thereafter, as a
counterblast and with an intention to pressurize the applicants, opposite
party No. 2 lodged a false and baseless FIR case against the applicants
with respect to an alleged incident dated 27.09.2022 after an inordinate
delay of more than 14 days without any plausible explanation. He further
submitted that after investigation, the Investigating Officer submitted a
charge sheet against the applicants, and the learned Magistrate took
cognizance vide order dated 10.10.2024. It is further submitted that no
offence is made out against the applicants and that the learned Magistrate
has passed the impugned order without proper application of mind.
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Therefore, the impugned order is liable to be set aside.

4. Per contra, learned AGA has vehemently opposed the submissions
advanced on behalf of the applicants and contended that the learned
Magistrate has passed the impugned cognizance order strictly in
accordance with law. It is submitted that, at the stage of taking
cognizance, the Court is only required to examine whether a prima facie
case is made out or not. He further submits that the charge sheet has been
filed after due investigation and the material collected therein clearly
discloses the commission of offences against the applicants. There is no
illegality, irregularity, or perversity in the impugned order passed by the
learned Magistrate. Therefore, the present application is liable to be
dismissed.

5. As per the facts of this case, the opposite party No.2 lodged the FIR
against the applicant No.1 and some unknown persons as Case Crime
No.74 of 2023, under Sections 323, 504, 506, 501, 294, 120B I.P.C.,
Police Station Pheelkhana, District Kanpur Nagar with the allegations that
on 27.09.2023, at about 1:20 p.m., applicant No. 1, Digvijay Singh, along
with some unknown persons, came to the ghat belonging to opposite party
No. 2 and allegedly started making videos with the intention of spreading
false propaganda and defaming the said ghat. Upon objection being raised
by the father-in-law of opposite party No. 2, they allegedly abused him in
filthy language and assaulted him, and they also used abusive language
and behaved indecently with opposite party No. 2. After investigation
charge sheet was filed against the applicants and thereafter the learned
Magistrate taken cognizance vide order dated 10.10.2024.

6. From the perusal of the material on record and looking into the facts of
the case at this stage, it cannot be said that no offence is made out against
the applicants. All the submission made at the bar relates to the disputed
question of fact, which cannot be adjudicated upon by this Court in
exercise of power conferred under Section 528 B.N.S.S.

7. Upon consideration of the material available on record, this Court finds
that the learned Magistrate has proceeded in accordance with law. This
Court does not find any illegality or perversity in passing the
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                                    cognizance/summoning order. Therefore, the prayer for setting aside the
                                    same is hereby refused

                                    8. Accordingly, the application is dismissed.



                                                                                      (Chawan Prakash,J.)
                                    May 7, 2026
                                    Md Faisal




Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad