DURGA PRASAD ALIAS BATUA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 50662 of 2025

Durga Prasad Alias Batua And Another
                                                             .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Niharika Singh Parihar, Suresh
                                Chandra
Counsel for Opposite Party(s) : Akhilesh Kumar Tiwari, Rohit Kumar
                                Chaturvedi, G.A.

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

1. Supplementary affidavit filed today is taken on record.

2. Heard Sri Suresh Chandra, learned counsel for the applicants, Sri Jyoti
Kumar Singh, learned A.G.A. for the State and Sri Rohit Kumar
Chaturvedi, learned counsel for the opposite party no. 2 and perused the
record.

3. The applicants filed the present application under Section 528 B.N.S.S.
to quash the entire proceeding of Charge sheet dated 18.01.2025 in Case
Crime No. 189 of 2024, under Sections 333, 115(2), 352, 351(3) B.N.S.,
Police Station Saiya, District Agra as well as summoning order dated
03.10.2025 passed by the Additional Chief Judicial Magistrate, Court No.
6, Agra.

4. Learned counsel for the applicants submitted that a first information
report as Case Crime No.189 of 2024, under Sections 191(2), 333, 115(2),
352, 351(3) B.N.S. was registered at Police Station Saiya, District Agra
against the applicants with an unexplained delay of three days. He further
submits that as per the allegation made in the first information report, the
applicants and other persons came at the house of opposite party no. 2 and
they beaten him along with his daughter but there is no medical report to
support the allegation as alleged against the applicants. He further submits
that during investigation, the statement of injured was recorded wherein
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she has stated that she received no injury. After investigation, charge
sheet was filed against the applicants and learned Magistrate took
cognizance. He next submits that on the basis of allegations made in the
first information report, no case is made out against the applicants,
therefore, cognizance order as well as charge sheet is liable to be set
aside.

5. Per contra, learned counsel for the opposite party no. 2 and learned
A.G.A. vehemently opposed the submissions as made by learned counsel
for the applicants and submitted a first information report was registered
against the applicants. During investigation, statements of the injured,
doctor and other were recorded, wherein they supported the prosecution
version. After investigation, charge sheet was submitted against the
applicants and the learned Magistrate has taken cognizance. The
submissions made by learned counsel for the applicants have no relevance
and it cannot be said that no offence is made out against the applicants,
therefore, application is liable to be dismissed.

6. As per facts of the case, a first information report as Case Crime
No.189 of 2024, under Sections 191(2), 333, 115(2), 352, 351(3) B.N.S.
was registered at Police Station Saiya, District Agra against the applicants
regarding the incident dated 19.09.2024. The injured was medically
examined. During investigation, statements of the injured, doctor and
other witnesses were recorded. After investigation, charge sheet was filed
against the applicants and the learned Magistrate has taken cognizance.
The delay in registering the first information report after three days, as per
settled provisions of law, could only be decided by the learned trial court
during trial.

7. 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
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                                    Vs. P.P. Sharma, 1992 SCC (Criminal) 192. The disputed defence of the
                                    applicants cannot be considered at this stage.

                                    8. 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.



                                                                                       (Chawan Prakash,J.)
                                    May 7, 2026
                                    Rmk.




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