Prempal and 2 Others Vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(SN.23)

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Neutral Citation No. - 2025:AHC:116014

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Court No. - 78

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Case :- APPLICATION U/S 528 BNSS No. - 12927 of 2025

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Applicant :- Prempal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Prakash Singh,Shivam Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Shri Ravi Prakash Singh, learned counsel for the applicants and Shri S. K. Ojha, leaned A.G.A for the State.

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The instant application under section 528 BNSS has been filed seeking quashing of the cognizance/summoning order dated 6.1.2025 as well as the entire proceedings of Case No. 36 of 2025 (State Vs. Prempal and others) and the charge sheet No. 525/2024 dated 7.10.2024 arising out of Case Crime No. 611 of 2024 under sections 333, 115(2) B.N.S. police station Sasni Gate, District Aligarh pending in the Court of Judicial Magistrate, Court No. 3, Aligarh.

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Learned counsel for the applicants submits that there was previous enmity between the applicants and the opposite party no. 2 and in connection with the same an application under section 156(3) Cr.P.C. has been filed by the wife of the applicant no. 1 against the opposite party no. 2. As a counter blast, the instant FIR has been lodged by the opposite party no. 2 making false and concocting allegations. Therefore, he seeks quashing of the entire proceedings of the instant case as well as the cognizance/summoning order dated 6.1.2025.

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Per contra, learned A.G.A. submits that the allegations of previous enmity gives sufficient motive to the applicants herein to cause the incident, as alleged in the F.I.R. Opposite party no. 2 had sustained injuries on his head. Medical examination report is also available on record, therefore, it cannot be said that no such incident as alleged has taken place. The police duly investigated the matter and thereafter submitted charge sheet, upon which the trial court has taken cognizance and summoned the accused persons under sections 333 and 115(2) BNS in Case No. 611 of

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Thus there is no illegality in the charge sheet as well as the cognizance/summoning order passed against the applicants.

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Having heard the submissions of the learned counsel for the parties, this court has thoroughly gone through the record. From perusal of the record it is apparent that an FIR was lodged by the opposite party no. 2 on 5.10.2024 alleging therein that on 4.10.2024 he was inside his house when the applicant herein entered in the house and badly beaten him. In the said incident he sustained injury on his head. Opposite party no. 2 approached the police station immediately after the incident and he was medically examined. After receipt of the medical examination report the FIR has been lodged and it was found that a cognizable offence is made out. After investigation police submitted charge sheet against the applicants herein. Thus there is no illegality in the cognizance and summoning order passed against the applicants herein. Previous enmity is a sufficient motive for causing this incident. Therefore, since primafacie a case is made out against the applicant, on the basis of the material available on record, the trial court has rightly summoned the accused persons/applicants herein. No good ground is made out to call for any interference in the impugned cognizance/summoning order by this Court.

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6. Accordingly, the instant application is dismissed.

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Order Date :- 17.7.2025 o.k.

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(Anish Kumar Gupta,J.)

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Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad

Prempal and 2 Others v. State of U.P. and Another

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