Farzad Shamshad v. State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others

Heard Sri P.S. Mehra, learned counsel for the applicant and learned AGA. This petition under Section 528 Bhartiya Nagrik Suraksha Sanhita, 2023 (482 of C.P.C.) has been filed challenging the summoning order dated 30.08.2024 as well as charge sheet dated 04.05.2024 arising out of Case Crime No.0185/2023, under Section 323, 352, 504, 506, 307 I.P.C., P.S. Chowk, Lucknow (State versus Farzad). Learned counsel for the applicant submits that the applicant has falsely been implicated in the case. The injury report does not indicate that the offence under Section 307 is made out against the applicant but the charge sheet has been filed against the applicant without considering the same. Learned Magistrate has also issued summon without considering it. Thus the summoning order as well as charge sheet are liable to be quashed. Learned AGA opposed the submissions of learned counsel for the applicant and submits that the applicant has been found beating in the video clip and the medical report also indicates injury in the back and in the head also. Therefore the contention of learned counsel for the applicant is mis conceived and not tenable. Having considered the submissions of learned counsel for the parties and on perusal of the documents placed on record, it is apparent that the charge sheet has been filed against the applicant as he has been found beating in the video clip. The injury report also indicates that there is head injury also, therefore, the contention of learned counsel for the applicant is mis conceived and not tenable. Even otherwise, the plea or material, reliance has been placed on which, cannot be considered at this stage. Dismissed accordingly. Order Date :- 4.6.2025/Akanksha Sri/-