Neutral Citation No. - 2025:AHC:135744 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 44912 of 2024 Applicant :- Harjindar Kaur And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Singh 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 08.05.2024; summoning order dated 02.07.2024 as well as entire criminal proceedings of Case No.14348 of 2024 (State Vs. Harjindar Kaur) arising out of Case Crime No.331 of 2023, under Sections 504, 506 I.P.C., P.S. Sungarhi, District Pilibhit. 3. It is alleged in the F.I.R. that informant, who is an advocate, appearing on behalf of informant's case lodged against the applicants and when applicants examined by putting question in court, the applicants threatened the informant for dire consequences on putting question while court proceedings. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. 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. Moreover, the statement of the informant does not support the prosecution story. In support of his submission, counsel for the applicants have placed reliance upon the judgment of Apex Court in Mohd. Wajid and Another Vs. State of U.P. and others reported in (2023) 20 SCC 219. 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. 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 applicants is based on factual dispute. The trial court has to examine the same. This Court under Section 482 Cr.P.C/528 B.N.S.S. has no power to examine the factual dispute of the matter. 5. From the perusal of the 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. The statement of witnesses and contents of F.I.R. are supporting the prosecution story. The learned Magistrate has rightly summoned the applicants in the aforesaid case. Reliance placed upon the judgment of Apex Court in Mohd. Wajid (supra) by the counsel for the applicants is not applicable in the present 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 B.N.S.S. 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 B.N.S.S. 7. The present application under Section 482 Cr.P.C./528 B.N.S.S. lacks merit and is, accordingly, dismissed. Order Date :- 11.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad