RAMKUNWAR AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 52393 of 2025

Ramkunwar And 3 Others
                                                           .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Ashok Kumar Ram, Surendra Kumar
                                Gupta
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Surendra Kumar Gupta, 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 entire proceedings as well as Cognizance order dated
09.02.2022 passed by the learned Judicial Magistrate/Fast Track Court
(Offence Against Women), District Mau in Case No. 1430 of 2022 (State
Vs. Avinash and others), arising out of Case Crime No. 95 of 2021 as
well as Charge Sheet dated 02.09.2021, under Sections 323, 504, 506,
147, 452, 427, 325, 354 I.P.C., Police Station Ranipur, District Mau,
pending in the court of Judicial Magistrate/Fast Track Court (Offence
Against Women), District Mau.

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 the present case on the basis of false and frivolous
allegation due to political rivalry of Gram Panchayat. The applicants have
not beaten the opposite party no. 2 and her family members. He further
submitted that the first information report has been lodged after six days
of the alleged occurrence and there is no plausible explanation of delay in
lodging the first information report. The injured were medically examined
and according to medical report, injuries were simple in nature. He next
submitted that during investigation, statements of opposite party no. 2 and
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other witnesses were recorded. After investigation, charge sheet was
submitted and the learned Magistrate has taken cognizance. It is next
submitted that the investigating officer has not conducted proper and fair
investigation and submitted charge sheet in a mechanical manner. He also
submitted that on the basis of 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

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 regarding the
incident dated 14.06.2024 in which the opposite party no. 2 and her
family members were beaten by the applicants in which three persons
were sustained injures. The injured persons were medically examined and
according to medical examination reports, injuries were caused by lathi
and danda. During investigation, statements of the opposite party no. 2
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. 95
of 2021, under Sections 147, 323, 504, 506, 452, 427, 354, 392 I.P.C. was
registered at Police Station Ranipur, District Mau against the applicants
with the allegation that on 14.06.2024 the applicants beaten the opposite
party no. 2 and her family members. The opposite party no. 2 and other
injured persons were medically examined. During investigation,
statements of the opposite party no. 2 and other witnesses were recorded.
After investigation, charge sheet was submitted 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
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                                    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.

                                    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.



                                                                                        (Chawan Prakash,J.)
                                    May 8, 2026
                                    Rmk.




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