Yash Pandey @ Dhirendra and 4 Others Vs State of Up and Another

As per office report dated 14.02.2026, counter affidavit no.1/2025, filed on behalf of the State in compliance of the order dated 13.10.2025, is on record.

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The opposite party no.2 has not filed any counter affidavit till date, hence, the opportunity granted vide order dated 13.10.2025 to file a counter affidavit, is hereby closed.

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This application u/s 482 Cr.P.C. has been preferred by the applicants with prayer to quash the entire proceeding of Complaint Case No.6433 of 2023(Shivam Pandey Vs. Yash Pandey @ Dhirendra Pandey and others), under sections 352, 504, 506, IPC, Police Station Unchgaon, District Basti as well as summoning order dated 04.12.2023, issue by the learned Additional Chief Judicial Magistrate-I, Basti, in the aforesaid case.

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Learned counsel for the applicant submitted that the applicant in the present application is the accused in Complaint Case No.6433 of

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A482 No. 2725 of 2024

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2

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2023(Shivam Pandey Vs. Yash Pandey @ Dhirendra Pandey and others), under section 352, 504, 506, IPC, Police Station Unchgaon, District Basti. The present application has been moved before this Court by the applicants/accused being aggrieved by order dated 04.12.2023, by which the applicant/accused was summoned under section 352, 504, 506, IPC, Police Station Unchgaon, District Basti, to face trial.

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Perusal of record shows that, an application under section 156(3) Cr.P.C. was filed by the opposite party no.2/complainant before the court of learned Additional Chief Judicial Magistrate-I, Basti on 13.03.2021, which was subsequently registered as Complaint Case No.6433 of 2023, stating therein that a civil dispute is pending between the parties since 2021, due to which on 28.02.2023 at about 08.30 hours the applicants came on the spot armed with lathi-danda and tried to take possession over the land of the complainant/opposite party no.2 and when he opposed it, then the applicants abused and tried to hit the complainant/opposite party no.2. Thereafter, as per the direction of the trial court, statements of the opposite party no.2/complainant as well as the witnesses were recorded under sections 200 and 202 Cr.P.C., respectively and on the basis of the said statements learned trial court has summoned the applicants/accused persons vide order dated 04.12.2023, under sections 352, 504, 506, IPC, to face trial, on the ground that there is prosecutable evidence available against the said accused persons.

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Learned AGA for the State has vehemently opposed the aforesaid arguments of learned counsel for the applicants and submitted that learned trial court has rightly summoned the applicants/accused on the ground that there is prosecutable evidence available against the said accused persons.

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Heard learned counsel for the applicants, learned AGA for the State and perused the material available on record.

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A482 No. 2725 of 2024

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3

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In the aforesaid circumstances, this Court is of the view that the decision of the trial court is based on the thorough examination of the complaint, witnesses and the evidences submitted before the trial court by the opposite party no.2/complainant and no where the order of trial court discloses any abuse of the process of the court. The order of trial court is followed by the procedural aspects as incorporated in the Cr.P.C./BNSS and there is no apparent evidence which shows that the trial court has committed any error or abuse of the process of the court.

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In view of the aforesaid circumstances, the interference of this Court in the present case is unwarranted and present application is liable to be dismissed.

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Accordingly, the present application u/s 528 BNSS is hereby dismissed . April 24, 2026 VKG

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(Achal Sachdev,J.)

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Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad

Yash Pandey @ Dhirendra and 4 Others v. State of Up and Another

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Yash Pandey @ Dhirendra and 4 Others v. State of Up and Another

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