Ankit Dwivedi and 2 Others Vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 46723 of 2025

Ankit Dwivedi And 2 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Neeraj Pal
Counsel for Opposite Party(s)		: G.A.

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Court No. - 79

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HON'BLE CHAWAN PRAKASH, J.

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Heard Sri Neeraj Pal, learned counsel for the applicants and Sri Neel Kant Upadhyay, learned A.G.A. for the State.

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The present application under Section 528 B.N.S.S. has been filed for quashing the charge sheet dated 12.11.2024 along with cognizance/summoning order dated 23.12.2024 passed by the Chief Judicial Magistrate, Kanur Nagar as well as entire criminal proceeding of Case No.156179 of 2025 (State Vs. Ankit Dwivedi & Others) arising out of Case Crime No.583 of 2024, under Sections 115(2), 352, 351(2), 351(3) and 131 B.N.S., Police Station Chakeri, District Kanpur Nagar.

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Learned counsel for applicants submitted that applicants have been falsely implicated in the present case due to dispute between the parties regarding the possession of land adjacent to the house of applicants, which was purchased by them through registered sale deed in 2018. Being aggrieved of the said sale deed of the land in dispute, the wife of opposite party No.2 filed Civil Suit No.417 of 2020 against the applicants and his father for cancellation of the sale deed and permanent injunction before the Court of Civil Judge (S.D.) Kanpur Nagar. He further submitted that opposite party No.2 had earlier also lodged an F.I.R. dated 24.8.2020 as Case Crime No.608/2020 under Sections 452, 504, 506 I.P.C., Police Station Chakeri, District Kanpur Nagar, with allegations that applicants are entered his filed, assaulted and abusing him and his family members. He further submitted that the opposite party No.2 lodged another F.I.R as Case Crime No.583 of 2024, under Sections 115(2), 352, 351(2), 351(3)

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NA528 No. 46723 of 2025

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2

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and 131 B.N.S., at Police Station Chakeri, District Kanpur Nagar with the allegations that on 08.09.2024 at about 9:30 a.m., the applicants entered his field and started abusing and assaulting opposite party No. 2 and Amit Dwivedi with lathi-danda, resulting injuries. He further submitted that the injuries are simple in nature and are self inflicted. After investigation, charge sheet was filed against the applicants. Thereafter, the learned Magistrate took cognizance vide order dated 23.12.2024. He is further submitted that no offence is made out against the applicants and the said cognizance order was passed without proper application of mind. Therefore, the impugned order and charge sheet are liable to be set aside.

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Per contra, learned AGA has vehemently opposed the submissions advanced on behalf of the applicants and contended that the learned Magistrate has passed the impugned cognizance order strictly in accordance with law. It is submitted that, at the stage of taking cognizance, the Court is only required to examine whether a prima facie case is made out or not. He further submits that the charge sheet has been filed after due investigation and the material collected therein clearly discloses the commission of offences against the applicants. There is no illegality, irregularity, or perversity in the impugned order passed by the learned Magistrate. Therefore, the present application is liable to be dismissed.

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As per the facts of this case, it transpires that opposite party no. 2 lodged a First Information Report, Case Crime No.583 of 2024, under Sections 115(2), 352, 351(2), 351(3) and 131 B.N.S., Police Station Chakeri, District Kanpur Nagar against the applicants with the allegations that applicants abused and assaulted opposite party No.2 and Amit Dwivedi. It is an admitted fact that opposite party No.2 and his brother (Amit Dwivedi) sustained injuries, which were found simple in nature. The statement of opposite party No.2, injured-Amit Dwivedi and other witnesses were recorded under Sections 180 B.N.S.S. and thereafter, the Investigating Officer submitted a charge sheet against the applicants. The learned Magistrate, upon perusal of the police report and the material brought on record, formed an opinion that a prime facie offence is made out against the applicants and summoned the applicants under vide order dated 23.12.2024.

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NA528 No. 46723 of 2025

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3

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From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that no offence is made out against the applicants. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 528 B.N.S.S.

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Upon consideration of the material available on record, this Court finds that the learned Magistrate has proceeded in accordance with law. This Court does not find any illegality or perversity in passing the cognizance/summoning order. Therefore, the prayer for setting aside the same is hereby refused.

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Accordingly, the application is dismissed .

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(Chawan Prakash,J.)

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April 23, 2026 Md Faisal

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Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad

Ankit Dwivedi and 2 Others v. State of U.P. and Another

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Ankit Dwivedi and 2 Others v. State of U.P. and Another

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