PREMPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present Criminal Miscellaneous Application has been instituted under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (corresponding to Sec. 482 of the Code of Criminal Procedure) with a prayer to the quash the impugned charge-sheet dtd. 5/10/2024 arising out of N.C.R. No. 178 of 2024, registered under Ss. 115(2) and 352 of the BNS at Police Station Tilhar, District Shahjahanpur, along with the summoning order dtd. 11/12/2024 passed in Case No. 12922/2024 (State vs. Prempal).

(2.) The brief fact of case are that on the written information of the opposite party No.2 regarding the alleged incident dtd. 10/8/2024 occurred at 2.30 p.m., Non-cognizable Report as per sec. 174 Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 (corresponding Sec. 155 Cr.P.C.) was registered as N.C.R. No. 178 of 2024, under Sec. 115(2) Bharatiya Nyaya Sanhita (corresponding sec. 323 I.P.C.) and sec. 352 Bharatiya Nyaya Sanhita (corresponding sec. 504 I.P.C.) in Police Station- Tilhar, District-Shahjahanpur on 10/8/2024 against the alleged accused persons/applicants.

(3.) The allegation mentioned in the N.C.R. is that the opposite party No.2, Ramnath, and the applicants are neighbours, and the dispute relates to toilet waste drainage. It is alleged that applicants have received government funding to build a soak-pit toilet, but they constructed a waste - water flowing toilet through drainage in the wrong manner. Because of this, dirty waste- water from Prempal's toilet flows into the open drain and reaches in front of Ramnath's house. Ramnath had asked Prempal many times to repair it, but Prempal did nothing. On 10/8/2024 at about 02.30 p.m., a large amount of waste again came into the drain near Ramnath's house. When Ramnath complained about this, Prempal's son Shriram became angry and abused him. After hearing the noise, Prempal's wife, Premwati and his sons, Akhilesh and Neeraj, came there with sticks. They beat Ramnath and also abused him. When Ramnath's son Gautam alias Jaipal and his wife Rajkumar tried to save him, the accused persons beat them too and caused serious injuries.