Neutral Citation No. - 2025:AHC:136358 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 40950 of 2024 Applicant :- Jitendra Upadhyay And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kanhaiya Lal Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C./528 B.N.S.S. application has been filed to quash the charge sheet dated 09.08.2024; cognizance/summoning order dated 30.08.2024 passed by Judicial Officer, Village Court, Tehsil-Harraiya, District-Basti in Case No. WSCC CNR-UPBS040 (State Vs. Jitendra Upadhyay and others) arising out of Case Crime No.200 of 2024, under Sections 281, 125A, 126(2), 115(2), 352, 351 (2) of B.N.S. against the applicant no.1 and Section 126 (2), 115(2), 352, 351 (2) of B.N.S. against the applicant no.2 and 3, Police Station-Parasrampur, District Basti, pending in the court of Village Court, Tehsil-Harraiya, District-Basti. 3. It is alleged in the F.I.R. that named accused persons dashed the motor cycle of the informant's son, thereafter, assaulted him as a result he received injury. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. The allegations are false and baseless and due to prior enmity, he has been implicated. No offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The F.I.R. allegation is not supported by any evidence. The Investigating Officer has submitted charge sheet without collecting evidence and learned Magistrate without applying judicial mind summoned the applicants. He further submits that no prosecution could proceed against the applicants, in such circumstances. 4. Per contra, learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that submission raised by counsel for the applicant is based on factual dispute. The trial court has to examine the same. This Court under Section 482 Cr.P.C./528 BNSS has no power to examine the factual dispute of the matter. The medical examination report has not been annexed and it is supporting the prosecution story. The I.O. has collected material evidence to prosecute the applicants. 5. Considered the submission raised by counsel for the applicants and perused the record. On perusal of statement of injured and informant, prima faice, offence is made out against the applicants. The learned Magistrate has rightly summoned the applicants in the aforesaid case. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C/528 BNSS. 6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, 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, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C/528 BNSS. 7. The present application under Section 482 Cr.P.C./528 BNSS lacks merit and is, accordingly, dismissed. Order Date :- 12.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad