Allahabad High Court
Kamil And Another vs State Of U.P. And Another on 15 May, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:113024
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 11951 of 2026
Kamil And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Haya Rizvi
Counsel for Opposite Party(s)
:
Ajay Vikram Singh, G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Haya Rizvi, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned A.G.A. for the State and Sri Ajay Vikram Singh, learned counsel for the opposite party no. 2 and perused the record.
2. The applicants filed the present application under Section 528 B.N.S.S. to quash the entire criminal proceedings of Misc. Case No. 35282 of 2023 (State Vs. Adil and others) as well as charge sheet dated 30.07.2022 and summoning order dated 03.10.2023, arising out of Case Crime No. 128 of 2022, under Sections 323, 504, 506, 326 I.P.C., Police Station Baghpat, District Baghpat, pending in the court of learned Chief Judicial Magistrate, Baghpat.
3. Learned counsel for the applicants submitted that applicants have been falsely implicated in the present case on the false and baseless allegations. Opposite party no. 2 lodged a first information report as case Crime No. 0128 of 2022, under Sections 376, 511, 147, 323, 504, 506 I.P.C. and Section 7 and 8 POCSO Act at Police Station Baghpat, District Baghpat against the applicants regarding the incident dated 30.01.2022. The first information report was lodged on 19.02.2022 after delay of 20 days and there is no plausible explanation of delay in lodging the first information report. The injured Firoz was medically examined at C.H.C. Baghpat. During investigation, statements of opposite party no. 2, injured and other witnesses were recorded. After investigation, charge sheet was filed and the learned Magistrate has taken cognizance. He further submitted that on the basis of first information report, no case is made out against the applicants, therefore, cognizance order/summoning order as well as charge sheet is liable to be set aside.
4. Per contra, learned counsel for the opposite party no. 2 and learned A.G.A. vehemently opposed the submissions made by learned counsel for the applicants and submitted that Opposite party no. 2 lodged a first information report as case Crime No. 0128 of 2022, under Sections 376, 511, 147, 323, 504, 506 I.P.C. and Section 7 and 8 POCSO Act at Police Station Baghpat, District Baghpat against the applicants regarding the incident dated 30.01.2022. The injured Firoz was medically examined at C.H.C. Baghpat. During investigation, statements of opposite party no. 2, injured and other witnesses were recorded, who supported the prosecution version. After investigation, charge sheet was filed against the applicants under Sections 323, 504, 506, 326 I.P.C. 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.
5. As per facts of the case, a first information report as case Crime No. 0128 of 2022, under Sections 376, 511, 147, 323, 504, 506 I.P.C. and Section 7 and 8 POCSO Act was registered at Police Station Baghpat, District Baghpat against the applicants regarding the incident dated 30.01.2022. The injured Firoz was medically examined at C.H.C. Baghpat, thereafter he was referred to higher center. During investigation, statements of opposite party no. 2, injured and other witnesses were recorded. After investigation, charge sheet was filed against the applicants under Sections 323, 504, 506, 326 I.P.C. and the learned Magistrate has taken cognizance.
6. 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.
7. 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.) May 15, 2026 Rmk.