Sidhari and Another v. State of U.P. and Another
Case brief
What is this about?
Section 528 BNSS quashing application rejected — High Court of Judicature at Allahabad, Vikas Budhwar, J., 14.02.2025 (Application U/S 528 BNSS No. 3682 of 2025). Charge sheet 23.04.2023 and Cognizance/Summoning order 22.06.2023 upheld; proceedings of Case No. 3020 of 2023 (State Vs. Ashok Maurya) from FIR/Case Crime No. 39 of 2023, IPC Sections 323, 504, 506, 308 (325 also cited), Police Station Atrauliya, District Azamgarh continue before Judicial Magistrate Court No. 26, Azamgarh. Court found cognizable offences made out from FIR; applicants' contentions (beating of opposite party No. 2's father, injury report, denial of incident) treated as factual disputes beyond quashing proceedings; AGA argued factual scores. Expedited consideration of bail applications urged citing Satender Kumar Antil v. CBI, S.L.P. No.5191 of 2021 (07.10.2021).
What did the court decide?
Cognizable offences are made out from the FIR and the arguments raised by the applicants centre around factual issues which cannot be gone into in these proceedings; therefore interference is declined and the application is consigned to record.