HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 21615 of 2024 Court No. - 80 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Umesh Kumar, learned counsel for the applicants, learned A.G.A. for the State, Sri Ajendra Kumar, learned counsel for opposite party No.2 and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed for quashing the entire proceedings as well as summoning order dated 31.5.2023 passed by the learned Judicial Magistrate, Etah in Complaint Case No.8976 of 2022 (Netra Pal Singh Vs. Rakesh and others) under Sections 352, 448, 504, 427, 506 I.P.C., Police Station Malavan, District Etah, pending in the court of Judicial Magistrate, Etah. 3. Learned counsel for the applicants submits that the applicants and opposite party No. 2 are members of the same family and there exists a civil dispute between the parties with regard to agricultural land. It is contended that, on account of the said civil dispute, opposite party No. 2, with an ulterior motive to harass and humiliate the applicants, has filed the present complaint. He further submits that the allegations made in the complaint are false and baseless and that, on 24.06.2022, the applicants neither harassed nor humiliated opposite party No. 2. It is submitted that opposite party No. 2 got himself examined under Section 200 Cr.P.C. and the statements of the witnesses, namely, Poonam and Harveer, were recorded under Section 202 Cr.P.C. 4. Learned counsel further submits that the applicants are innocent and have been falsely implicated in the present case. It is also contended that the learned Magistrate, without properly appreciating the material Versus Counsel for Applicant(s) : Umesh Kumar Counsel for Opposite Party(s) : Ajendra Kumar, G.A. Rakesh And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) available on record and without applying judicial mind, has illegally passed the impugned summoning order dated 31.05.2023. Therefore, the impugned summoning order dated 31.05.2023 is liable to be set aside by this Court. 5. Per contra, learned A.G.A. as well as learned counsel for opposite party No. 2 have opposed the prayer and contended that the learned Magistrate has not committed any illegality or irregularity in passing the impugned summoning order. It is submitted that the learned Magistrate, upon due consideration of the statement of the complainant recorded under Section 200 Cr.P.C. and the statements of the witnesses recorded under Section 202 Cr.P.C., has rightly summoned the applicants. Therefore, the present application is liable to be dismissed. 6. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239, 245(2) or 227/228 Cr.P.C. as the case may be, before the court below and they are free to take all the submissions in the said discharge application before the trial court. 7. The prayer for quashing the proceedings of case as well as summoning order is refused. 8. Accordingly, the present application is dismissed. February 24, 2026 Md Faisal A482 No. 21615 of 2024 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad