Aman Fauji and 2 Others Vs State of U.P. and Another

Heard Sri Vipin Shukla, Advocate holding brief of Sri Ashish Kumar Mishra, learned counsel for the applicants, Sri Durgesh Kumar Tripathi, learned Brief Holder for the State and perused the record.

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The applicants filed the present application under Section 528 B.N.S.S. to quash entire proceeding of Criminal Case and charge sheet dated 20.08.2022 as well as summoning order dated 13.02.2024 in Case No. 5423 of 2024 (State Vs. Aman Fauji and others), arising out of Case Crime No. 251 of 2021, under Sections 147, 149, 504, 506 I.P.C., Police Station Ganganagar, District Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No. 6, Meerut.

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Learned counsel for the applicants submitted that the applicants are innocent, they have not committed the alleged offence but they have been falsely implicated in this case. The opposite party no. 2 lodged a first information report as case Crime No. 251 of 2021, under Sections 147, 149, 504, 506 I.P.C., Police Station Ganganagar, District Meerut against the applicants regarding the incident dated 08.10.2021. During investigation, statement of S.I. Latosh Kumar Gautam was recorded which shows that he was not medically examined and he has not received any injury. Statements of other persons of the locality were also recorded. After investigation, charge sheet was submitted and the learned Magistrate has taken cognizance. On the basis of first information report, no case is made out against the applicants, therefore, cognizance/summoning order as well as charge sheet is liable to be set aside.

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Per contra , learned A.G.A. vehemently opposed the submissions made by

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NA528 No. 2443 of 2026

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2

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learned counsel for the applicants and submitted that opposite party no. 2 lodged a first information report against the applicants. During investigation, statements of informant and other witnesses were recorded wherein they supported the prosecution version. After investigation, charge sheet was submitted against the applicants and the learned Magistrate has taken cognizance. He further submitted that on the basis of evidence collected during investigation, it cannot be said that no offence is made out against the applicants, therefore, application is liable to be dismissed.

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As per facts of the case, a first information report as case Crime No. 251 of 2021, under Sections 147, 149, 504, 506 I.P.C. was registered at Police Station Ganganagar, District Meerut against the applicants. During investigation, statements of informant and other witnesses were recorded. After investigation, charge sheet was submitted against the applicants and the learned Magistrate has taken cognizance.

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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 of 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.

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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 .

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May 5, 2026

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Rmk.

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(Chawan Prakash,J.)

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

Aman Fauji and 2 Others v. State of U.P. and Another

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Aman Fauji and 2 Others v. State of U.P. and Another

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