Afreen Ansari and 3 Others vs State of U.P. and Another

Heard Sri Raj Kumar Singh, Advocate holding brief of Sri Anil Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been filed to quash the charge sheet No. 70 of 2025 dated 17.03.2025, cognizance/summoning order dated 02.08.2025 and entire proceeding of Criminal Case No. 101618 of 2025 (State Vs. Afreen Ansari and others), under Sections 191(2), 115(2), 352, 351(3) B.N.S., arising out of Case Crime No. 32 of 2025, Police Station Babupurwa, District Kanpur Nagar, pending in the court of Judicial Magistrate-X, Kanpur Nagar.

Learned counsel for the applicants submits that the applicant no. 1 lodged a first information report on 18.01.2025 against the opposite party no. 2, Asif @ Monu and two unknown persons, which was registered as Case Crime No. 31 of 2025, under Sections 74, 76, 332(c), 115(2), 351(3), 352 of B.N.S., Police Station Babupurwa, District Kanpur Nagar. After investigation, charge sheet was submitted, on which, cognizance was taken. As a counterblast, the opposite party no. 2 lodged a first information report against the applicants, which was registered as Case Crime No. Case Crime No. 32 of 2025, under Sections 191(2), 115(2), 352, 351(3) B.N.S., Police Station Babupurwa, District Kanpur Nagar. After investigation, charge sheet was submitted, on which, learned Magistrate has taken cognizance vide order 02.08.2025. From the facts of the case, no case is made out against the applicants, therefore, impugned

NA528 No. 15658 of 2026

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cognizance/summoning order is liable to be set aside.

Per contra , learned A.G.A. vehemently opposed the submission made by learned counsel for the applicants and submitted that a first information report was lodged by opposite party no. 2 against the applicants. Statement of the opposite party no. 2 under Section 161 Cr.P.C. was recorded. After investigation, charge sheet was submitted, on which cognizance was taken by the learned Magistrate. There is no illegality in passing the impugned order and the applicants have been rightly summoned.

As per fact of this case, a first information report as Case Crime No. 31 of 2025, under Sections 74, 76, 332(c), 115(2), 351(3), 352 of B.N.S. was registered against the applicants at Police Station Babupurwa, District Kanpur Nagar. Statement of the opposite party no. 2 was recorded under Section 161 Cr.P.C. After investigation, charge sheet was submitted, on which, cognizance was taken. There is no illegality in passing the impugned order.

From the perusal of material on record and the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed questions on fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 528 B.N.S.S.. At this stage, only prima facie case to be considered in the light of the law laid down by Supreme Court in the case of RP Kapoor Vs. State of Punjab, AIR 1990 SC 66; State of Haryana Vs. Bhajan Lal, 1992 SCC (Criminal) 426; and State of Bihar Vs. P.P. Sharma, 1992 SCC (Criminal) 192 . The disputed defence of the applicants cannot be considered at this stage.

Considering the facts and circumstances of the case, I do not find any ground to quash the aforementioned case, therefore, the prayer for quashing the same is hereby refused and the application is dismissed.

(Chawan Prakash,J.)

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April 17, 2026 Rmk.

Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Afreen Ansari and 3 Others v. State of U.P. and Another