Bhola Ram Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Bhola Ram Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the entire proceedings of Case No. 2296 of 2024 (State Vs. Harendra and others), arising out of case crime no. 188 of 2024, pending before the Additional District and Sessions Judge, Court no. 16, Agra, are liable to be quashed under Section 528 BNSS at the instance of the applicant Bhola Ram, who was not named in the FIR.

Court's answer

Factual inquiries cannot be gone into in the present proceedings under Section 528 BNSS, particularly where the applicant's role in administering the beating stands surfaced in the statement of opposite party no. 2, and the injured succumbed to death due to cardiac arrest; accordingly the quashing application was consigned to record.

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.; order dated 7.2.2025; Neutral Citation 2025:AHC:18323). Application under Section 528 BNSS (No. 3835 of 2025) by Bhola Ram seeking quashing of the entire proceedings of Case No. 2296 of 2024 (State Vs. Harendra and others), arising out of case crime no. 188 of 2024, under Sections 191 (2), 191 (3), 115(2), 352, 351 (3), 76, 105 BNSS Act, Police Station Fatehabad, District Agra, pending before the Additional District and Sessions Judge, Court no. 16, Agra. The FIR was lodged against six named and 1415 un-named accused; the applicant was not named in the FIR and claimed to be a mere labourer/onlooker, innocent of the offences; his discharge application had already been rejected. The State relied on the statement of the first informant, Banu Pratap, wherein the applicant was shown to be present and one of the assailants; the injured succumbed to death due to cardiac arrest. Held: factual inquiries cannot be gone into in proceedings under Section 528 BNSS, particularly where the applicant's role in administering the beating stands surfaced in the statement of opposite party no. 2. The application was consigned to record (quashing prayer not entertained).

Neutral Citation No. - 2025:AHC:18323

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 3835 of 2025 Applicant :- Bhola Ram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Shri Ramesh Chandra Upadhyay, learned counsel for the applicants and Sri Vikash Sharma, learned State Law Officer for the State-respondent.

This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Case No. 2296 of 2024 (State Vs. Harendra and others), arising out of case crime no. 188 of 2024, under Sections 191 (2), 191 (3), 115(2), 352, 351 (3), 76, 105 BNSS Act, Police Station- Fatehabad, District Agra pending before the court of learned Additional District and Sessions Judge, Court no. 16, Agra.

Learned counsel for the applicant submits that a first information report stood lodged against six named accused and 1415 un-named accused with relation to administering of beating and also commission of the offences. Learned counsel for the applicant submits that a discharge application has also been rejected and, according to him, he was not named as an accused in the FIR, however, he was simply a labour and the only role assigned to him, which can be attributed is that he was just standing being on looker to the entire thing and he is innocent in this regard.

Learned State Law Officer on the other hand submits that may be, his name did not place in the first information report as an accused, however, from the perusal of the statement of Banu Pratap, the first informant, it was specifically pointed out that the applicant was present and he was also one of the assailants in that regard.

I have heard the learned counsel for the parties and perused the record.

In the opinion of the Court, factual inquiries cannot be gone into the present proceedings, particularly, when the name of the statement stands surfaced in the statement of the opposite party no.

2 specifically assigning him also a role in administering beating. Further the injured also succumbed to death due to cardiac arrest.

Accordingly, the present application stands consigned to record.

Order Date :- 7.2.2025 A. Prajapati

Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad