VINAY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shashank Shukla, learned counsel for the applicants and learned AGA for the State and perused the record.

(2.) This petition under Sec. 482 Cr.P.C. now Sec. 528 B.N.S.S. 2023 has been filed challenging the summoning order dtd. 4/3/2025 passed in CIS No. 12917 of 2025 and the charge sheet No.01 dtd. 5/2/2025, arising out of Case Crime No. 420 of 2024 under Ss. 115(2), 352, 351(2), 118(1), 109(1) Bharatiya Nyaya Sanhita (B.N.S.), 2023, Police Station-Katra Bazar, District-Gonda.

(3.) Learned counsel for the applicants submits that on the basis of identical set of facts a N.C.R. was registered on 28/11/2024 but no permission was sought for the investigation. He further submits that on the same set of facts, the FIR was lodged on 30/11/2024 and after investigation, the charge sheet has been filed, which could not have been done. He relies on a judgment and order dtd. 16/10/2023 passed by the High Court of Bombay at Goa in Criminal Writ Petition No. 573 of 2023 (F) [Mr. Asif Khan Pathan vs. State Through PP, High Court of Bombay at Porvorim, Goa and Others].