Akram Khan and 3 Others vs State of U.P. and Another

Learned counsel for the applicants submits that he has filed this application under Section 482 of Cr.P.C. with the relief which has been mentioned in the prayer clause of the application.

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The prayer which has been mentioned in the present application is delineated below:-

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"It is, therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and further be pleased to quash the impugned charge sheet dated 11.07.2024 and impugned cognizance/ summoning order dated 14.08.2024 passed by the learned Chief Judicial Magistrate, Jaunpur as well as the entire proceedings of Criminal Case No.6586 of 2024 (State vs. Akram Khan and Others) arising out of Case Crime No.218 of 2024, under Sections-323, 504, 506, 352 I.P.C., Police Station-Kotwali, District-Jaunpur, pending before the Court of learned Chief Judicial Magistrate, Jaunpur."

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Learned counsel for the applicants submits that, with regard to the alleged incident of assault and threat to kill the informant by the applicants, a First Information Report was lodged on 13.06.2024 as Criminal Case No. 6586 of 2024 (State vs. Akram Khan and Others),

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NA528 No. 13429 of 2025

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arising out of Case Crime No. 218 of 2024, under Sections 323, 504, 506, and 352 I.P.C., at Police Station–Kotwali, District–Jaunpur. It is further submitted that the applicants have also annexed the injury report of the informant, prepared by a doctor at the District Hospital, Jaunpur, on 13.06.2024. The said injury report indicates one lacerated abrasion and complaint of pain on the person of the informant.

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Learned counsel for the applicant submits that after investigation, the Investigating Officer prepared and submitted the police report disclosing the commission of offences under Sections 323, 504, 506, and 352 I.P.C. on 11.07.2024. The Chief Judicial Magistrate, Jaunpur, vide order dated 14.08.2024, took cognizance on the offences mentioned in the charge sheet and summoned the accused persons to attend the Court proceedings.

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Learned counsel for the applicants further submits that no ingredient of Sections mentioned in the charge sheet is made out.

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Learned A.G.A. for the State submits that, in the present case, the offences disclosed in the charge sheet and in the order of cognizance are of a cognizable nature and triable as a warrant case. Therefore, remedy is available to the applicants to take plea at the time of framing of charge as per Section 262(2) of BNSS as the Trial Court is required to frame charges after affording opportunity of hearing to the prosecution as well as accused persons.

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The evidence collected by the Investigating Officer i.e. the statements of Section 161 Cr.P.C., as well as other documents, cannot be treated as evidence under the Indian Evidence Act, 1872 at this stage, unless such documents are duly proved by their authors in the Court and the witnesses are examined on oath in their examination-in-chief and cross-examined.

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The Chief Judicial Magistrate has to examine whether a prima facie case is made out against the applicant or not, and after perusing the entire material on record, he shall take cognizance in a cognizable offence under Section 210(1)(b) of the BNSS on the basis of the police report; otherwise, in the case of a non-cognizable offence, he shall proceed under Section 210(1)(a), treating the charge sheet as a complaint in terms of the

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NA528 No. 13429 of 2025

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Explanation to Section 2(h) of the BNSS.

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Although the applicants have contended that a civil suit has also been filed, but no interim order has been passed therein. Moreover, the present case does not relate to any allegation of forgery on the basis of any documents. Hence, merely because a civil proceeding has been instituted for the different grievance would not affect the maintainability of the present criminal proceedings, as the allegations here pertain to assault and threat to kill the informant. Thus, remedy is available to the accused applicants to raise their grievances at the time of framing of charges.

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In view of the aforesaid discussion, the Trial Court is directed that, if the applicants appear before it at the stage of framing of charge, the Court shall consider whether the essential ingredients of the offences under Sections 323, 504, 506, and 352 I.P.C. are made out against them, and thereafter frame charges accordingly.

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With the above direction, this application stands disposed of.

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(Praveen Kumar Giri,J.)

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November 13, 2025 DKS

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Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad

Akram Khan and 3 Others v. State of U.P. and Another

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Akram Khan and 3 Others v. State of U.P. and Another

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