Vashishtha Narain Mishra vs State of U.P. and Another

Court No. - 73

Case :- APPLICATION U/S 528 BNSS No. - 13697 of 2025

Applicant :- Vashishtha Narain Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Mishra,Ved Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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As per compliance affidavit filed by the learned AGA, notice is personally served upon respondent No. 2, however, despite service of notice, no one has put in appearance on her behalf.

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Heard learned counsel for the applicant, learned AGA representing State-respondent No. 1 and perused the record.

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The applicant has invoked the inherent jurisdiction of this Court under Section 528 of BNSS for quashing the entire proceeding including charge sheet dated 4.8.2022 arising out of Case Crime No.177 of 2022 under Sections 323, 504, 506 I.P.C. and 3(1)dha, 3(2)(Va) SC/ST Act, Police Station Sarai Akil, District Kaushambi and cognizance order dated 17.7.2023.

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As per the FIR version, lodged based on application u/s 156(3) Cr.P.C., on the date of the incident, i.e., 28.8.2019, her son Siddhant Kumar had gone to inter college for studies, as per his routine; however, he had been beaten up by named accused with cane and sticks, inflicting severe injuries. While she reached at the place of occurrence of offence on telephonic information, she had been abused with vulgar

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language. When she resisted, Mr. Vashishtha Narain Mishra (applicant herein), with intent to commit her murder, has pressed the barrel of the country-made pistol against her temple and pulled the trigger; however, luckily, the bullet missed. Present applicant and one Shiv Varan Giri had robbed Rs.1200, one gold ring and motorcycle before her arrival at the place, and they threatened to complainant.

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Learned counsel for the applicant submits that on the face of FIR if it is taken to be correct, no case is made out under the SC/ST Act, in as much as common allegation has been levelled against all six accused persons as mentioned in the F.I.R. for abusing the first informant. However, no specific allegation has been made as to what abuse had been uttered relating to the caste of the first informant. After due investigation, only present applicant has been arraigned in the chargesheet under Sections 323, 504, 506 I.P.C. and Section 3(1) (dha), 3(2)(Va) SC/ST Act and remaining five accused have been exonerated. On the complaint moved by the first informant to the Superintendent of Police, a report has been submitted by the Circle Officer, Chayal, Kaushambi (Annexure No.10) negating any such incidence as alleged in her complaint and brought the correct facts to the knowledge of higher police authorities qua nasty demeanor of son of first informant , who has been expelled from college, and fierce attitude of first informant and her husband with the teachers in the college premises. It is further submitted that six teachers of the college have been falsely and maliciously implicated with the intention of coercing the School

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management over her son's expulsion. The alleged incident has been shown to take place within the premise of the School, however, presence of any member of the public has not been shown in the F.I.R.; thus, prima facie , the place of occurrence of offence cannot be said to be a place within the 'public view'. Moreover, there is no material available on record to demonstrate that the first informant was victimized on account of her caste, being a person belonging to the SC/ST community. While submitting the chargesheet, Investigating Officer has utterly failed to consider the previous police report dated 10.10.2019 (Annexure no.10). In medical report, injuries were shown simple in nature. No abnormality has been detected in X-ray report. Involvment of other teachers, allegation of robbery and grievous hurt has been disbelieved by the Investigation Officer.

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The matter requires consideration.

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List this matter on 25.8.2025.

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In the meantime, parties shall exchange their respective affidavits, if any.

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Until further orders of this Court, further proceedings against the applicant in the aforementioned case shall remain stayed.

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Order Date :- 10.7.2025 A.N. Mishra

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Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad

Vashishtha Narain Mishra v. State of U.P. and Another

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Vashishtha Narain Mishra v. State of U.P. and Another

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