Ajaruddin @ Salman Audi vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 48244 of 2025

Ajaruddin @ Salman Audi

	Versus		.....A	pplicant(s)
State of U.P. and Another			...	..Opposite Party(s)
Counsel for Applicant(s)	: Manish Ahmad	Kumar	Pandey,	Mushtaq
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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Instructions produced by learned A.G.A. is taken on record.

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Heard Sri Manish Kumar Pandey, learned counsel for the applicant, Sri Jyoti Kumar Singh, learned A.G.A. for the State and perused the record.

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The applicant filed the present application under Section 528 B.N.S.S. to quash the charge sheet No. 376 of 2024 dated 19.11.2024 as well as entire proceeding of Case No. 12078 of 2025 (State Vs. Abid and others) arising out of Case Crime No. 62 of 2024, under Sections 147, 148, 149, 323, 504, 506, 336, 308 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Lisari Gate, District Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No. 8, Meerut along with summoning order dated 30.06.2025 passed by the Additional Chief Judicial Magistrate, Court No. 8, Meerut.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case on the basis of false and concocted allegation. A first information report as Case Crime No. 62 of 2024, under Sections 147, 148, 149, 323, 504, 506, 336, 307 I.P.C. and Section 7 Criminal Law Amendment Act was registered at Police Station Lisari Gate, District Meerut against the applicant as well as 10 named persons and 7 unknown persons regarding the incident dated 11.02.2024 in which two groups were fighting with each other. From the spot, 6 slippers and shoes and 3 lathi and danda were recovered. During investigation,

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NA528 No. 48244 of 2025

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statements of opposite party no. 2 and other witnesses were recorded. After investigation, charge sheet was submitted and the learned Magistrate has taken cognizance. He further submitted that from one group, Abid son of Yunus and Javed were arrested from the spot and from the another group, applicant and Asif son of Saeed were arrested from the spot. There is no any injury report on record. The applicant himself sustained grievous injuries in the said incident. Charge sheet has been filed against 8 persons including the applicant under Sections 147, 148, 149, 323, 504, 506, 336, 308 I.P.C. and Section 7 Criminal Law Amendment Act but it is not clear to whom the said 8 accused persons abused, threatened and caused injuries and who are the victims of the said crime as there is no any statement of any victim to support the prosecution story, as such the entire prosecution story is absolutely false and malicious. He next submitted that on the basis of allegations made in the first information report, no case is made out against the applicant, therefore, cognizance 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 learned counsel for the applicant and submitted that opposite party no. 2 lodged a first information report against the applicant regarding the incident dated 11.02.204. From the spot, 6 sleepers and shoes and 3 lathi and danda were recovered. During investigation, statements of opposite party no. 2 and other witnesses were recorded wherein they supported the prosecution version. After investigation, charge sheet was submitted against the applicant 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 applicant, 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. 62 of 2024, under Sections 147, 148, 149, 323, 504, 506, 336, 307 I.P.C. and Section 7 Criminal Law Amendment Act was registered at Police Station Lisari Gate, District Meerut against the applicant as well as 10 named persons and 7 unknown persons regarding the incident dated 11.02.2024. During investigation, statements of opposite party no. 2 and other witnesses were recorded. After investigation, charge sheet was

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submitted under Sections 147, 148, 149, 323, 504, 506, 336, 308 I.P.C. and Section 7 Criminal Law Amendment Act 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 applicant. 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 applicant 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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(Chawan Prakash,J.)

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May 7, 2026

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Rmk.

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

Ajaruddin @ Salman Audi v. State of U.P. and Another

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Ajaruddin @ Salman Audi v. State of U.P. and Another

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