Saroj Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:142324

Court No. - 72

Case :- APPLICATION U/S 528 BNSS No. - 13934 of 2025

Applicant :- Saroj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The present 528 B.N.S.S. application has been filed to quash the impugned charge sheet no. 14 of 2024 dated 19.01.2024, cognizance/summoning order dated 06.01.2025 as well as entire proceedings of Criminal Case No. 1262 of 2025, arising out of Case Crime No. 0007 of 2024 (State Vs. Shivani and Another), under Sections 308, 323, 325, 336, 504, 506 and 120-B I.P.C. at Police Station- Islamnagar, District- Budaun, pending in the Court of learned Additional Chief Judicial Magistrate, Room No. 2, Budaun.

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Counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. He next submitted that instant first information report was registered with malicious intention only to harass the applicant and perusal of contents of F.I.R. and statement of the witnesses recorded by the Investigating Officer, there is no allegation against the applicant that applicant was involved in assaulting the injured person. There is only allegation against the applicant that she instigated her daughter as applicant daughter's is married in the family of the informant. The applicant was not present at the time of incident, which is evident from the statement of the witnesses as well as contents of F.I.R. The cognizance/summoning order and stay application have been passed by learned Magistrate, is without application of his judicial mind and the same is liable to be quashed.

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Per contra , learned A.G.A. for the State submitted that Investigating Officer has submitted that chrge-sheet against the applicant as well as considering the material evidences and allegations against the applicant on record, as on date, as per

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prosecution case, the cognizable offence against the applicant is made out. Under the facts and circumstances of the present case as well as materials on record against the applicant, the criminal proceedings against the applicant cannot be said to be abuse of process of Court. There is no illegality in the impugned cognizance/summoning order, therefore instant 528 B.N.S.S. application is liable to be dismissed.

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After having heard learned counsel for the parties, perusal of the material evidences collected by the Investigating Officer, there is only allegation against the applicant is that she instigated her daughter for assaulting the injured person. She was not present at the spot, when the incident has taken place. It is also well settled that at the stage of summoning the accused, the court below is not required to go into the merit and demerit of the case. Genuineness or otherwise of the allegation cannot be even determined at the stage of summoning the accused. There is no good ground to invoke inherent power under Section 528 B.N.S.S. by this Court at this stage. The relief as claimed by the applicant through this application is refused.

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The defence version of the applicant has to be considered by the court concerned at the appropriate stage. The accused/applicant has statutory remedy of moving discharge application before the court concerned at the appropriate stage.

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Considering the material on record, it is directed that, if objection/discharge application is filed on behalf of the applicant before the court concerned within two weeks, it is expected that the court concerned will consider and decide the same expeditiously within a period of four weeks in accordance with law. Till the disposal of discharge application, no coercive action will be taken against the applicant in the aforesaid case.

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With the aforesaid observations/directions, this application under Section 528 B.N.S.S. stands disposed of .

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Order Date :- 20.8.2025 Vibha Singh

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Saroj v. State of U.P. and Another

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