Allahabad High Court
Irshad @ Munna And Another vs State Of U.P. And Another on 2 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:94332
Court No. - 52
Case :- APPLICATION U/S 528 BNSS No. - 15626 of 2025
Applicant :- Irshad @ Munna And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Upendra Kumar Pushkar
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
1. Heard Sri Upendra Kumar Pushkar, learned counsel for the applicants and Sri Kuldeep Singh Chauhan, learned A.G.A. for the State.
2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the charge sheet no. 10 of 2023 dated 22.01.2023 as well as Cognizance order dated 18.10.2023 passed by Learned Additional Chief Judicial Magistrate -I Aligarh in Criminal Case no. 7489 of 2023 (State Vs. Irshad @ Munna and others) arising out of Case Crime no. 443 of 2022 Under 147, 323, 354(kh), 452, 504, 506 I.P.C. Police Station Kotwali Nagar District Aligarh, pending in the court of Learned Additional Chief Judicial Magistrate - 1, Aligarh.
3. Learned counsel for the has submitted that an FIR has been lodged by the O.P. No.2 on 06.12.2022 being FIR No.0443 of 2022 under Sections 147, 452, 354Kha, 323, 504, 506 IPC with an allegation that on 29.11.2022, when the O.P. No.2 along with his sister and others, who were in the house, then on 09 O'clock in the morning, the applicant barged into the house of O.P. No.2 and thereafter administered threats in connection with some civil litigation being going on inter se betweent he parties and thereafter tore the clothes of the O.P. No.2 and exhibited indecent gesture. Learned counsel for the applicant has submitted that Original Suit no.1373 of 2021 has been instituted by the applicant no.1 before the court of Civil Judge (Sr. Division), Aligarh and further the applicant no.2 has also instituted Suit no.1372 of 2021 which are pending. He submits that just in order to put pressure the FIR has been lodged. He further invites the attention towards the injury report so as to contend that no external injuries were found. He thus submits that the applicants have been falsely implicated and roped in.
4. Learned A.G.A. on the other hand submits that whatever might be once the statement under Section 164 CrPC corroborates with the allegations contained in the FIR, then the case becomes triable and it cannot be said that no offence had been committed. He further submits that so far as the theory so sought to be propounded by the learned counsel for the applicants that it was on account of the pendency of the said two suits, which was motivating factor for lodging of the FIR is concerned, the same cannot be seen at this stage.
5. I have heard the submissions so made across the Bar and perused the records carefully.
6. Apparently, in the FIR itself, there are allegations regarding administering of beating, threatening and also tearing of the clothes of O.P. No.2. Even the statements under Section 164 CrPC of the O.P. No.2 is intact and there is no variation or inconsistency with the allegations contained therein. As regards the submissions so sought to be advanced by learned counsel for the applicants that the basic reason attributable to the lodging of the FIR was the pendency of the civil suits and interim protection so accorded therein cannot be gone into at this stage, particularly when that might be a consideration when the trial commences. Even otherwise, this Court finds that it is not a fit case to interfere in extraordinary jurisdiction in view of the judgment in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others, AIR 2021 SC 1918.
7. Accordingly, the application is consigned to record.
Order Date :- 2.6.2025
N.S.Rathour
(Vikas Budhwar, J)
