2025:UHC:9347 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Miscellaneous Application No. 928 of 2024 (Under Section 528 of BNSS) Saleem & Others … Applicants Versus State of Uttarakhand & Another … Respondents Mr. Pankaj Semwal, Advocate, i/b Mr. D.C. Joshi, Advocate for the applicants. Mr. K.S. Bora, Deputy AG, with Mr. J.P. Kandpal, Brief Holder, for the State. J U D G M E N T Hon’ble Manoj Kumar Tiwari, J. Present criminal miscellaneous application has been filed by the accused applicants under Section 528 of BNSS seeking quashing of the summoning order dated 3.1.2024 and the entire criminal proceedings of Criminal Case No. 68 of 2024, under Sections 323, 363 and 504 IPC, pending before the Judicial Magistrate 1st, Haldwani, District Nainital. 2. The brief facts, as borne out from the record, are that the complainant/respondent no. 2 lodged an FIR on 24.03.2024 alleging that at about 9 p.m. on 23.03.2023, the accused applicants along with two to three unknown persons came to the house of the informant and started inquiring about their sister. When the informant expressed ignorance about their sister, the accused persons allegedly forcibly took Aman, the son of the informant, in their car. It is further alleged that the 2025:UHC:9347 2 accused persons abused and assaulted the informant and her family members. 3. After investigation, the police submitted chargesheet against the accused applicants. The learned Magistrate, upon perusal of the materials on record, took cognizance of the offences and summoned the applicants to face trial for offences punishable under Sections 323, 363 and 504 IPC. 4. Learned counsel for the applicants contends that the applicants have been falsely implicated and that the allegations made in the FIR are false, motivated and concocted. It is further submitted that the ingredients of the offences alleged are not made out and continuation of the proceedings would amount to abuse of the process of law. 5. Per contra, learned State Counsel opposed the prayer and submitted that the FIR and the statements recorded during investigation disclose commission of cognizable offences and at this stage, no ground for interference under Section 528 BNSS is made out. 6. Having considered the rival submissions and upon perusal of the record, this Court finds that the allegations made in the FIR and the material collected during investigation prima facie disclose the commission of cognizable offences under Sections 323, 363 and 504 IPC. The question whether the allegations are true or false or whether the applicants are guilty or not are matters which 2025:UHC:9347 3 can only be determined upon appreciation of evidence during trial. 7. Law is well settled that at the stage of summoning, the trial court is only required to see whether a prima facie case is made out and not to weigh the evidence as would be done at the stage of trial. The inherent powers of the High Court under Section 482 CrPC are to be exercised sparingly, with circumspection and only to prevent abuse of process of Court or to secure the ends of justice. The allegations in the present case do not appear to be of such a nature where no offence whatsoever is made out. 8. In view of the aforesaid, criminal miscellaneous application under Section 528 BNSS is dismissed. (Manoj Kumar Tiwari, J.) 7.10.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9 1957BE53, cn=PRABODH KUMAR Date: 2025.10.17 17:04:35 +05'30'