HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50070 of 2025 Court No. - 81 HON'BLE CHAWAN PRAKASH, J. 1. Heard learned Counsel for applicants, learned A.G.A. for State and perused the record. No one is present on behalf of opposite party no.2. 2. This application under Section 528 BNSS has been filed by the applicants to quash the summoning order dated 18.05.2022 passed by Judicial Magistrate, Court No. 23, Azamgarh in Complaint No. 91 of 2021, Motin v. Naushad and others, as well as entire criminal proceedings of Case No. 681 of 2025, under Section 323, 504 I.P.C., P.S. Phoolpur, District Azamgarh. 3. It is submitted by the learned Counsel for the applicants that there is a civil dispute pending between parties. Opposite party no.2 filed the present compliant regarding the incident dated 13.05.2016 against the applicants. The opposite party no.2 got himself examined under Section 200 Cr.P.C. and witnesses Mool Chand Yadav and Yunus under Section 202 Cr.P.C. The learned Magistrate has not taken into consideration the statements of complainant and witnesses properly and summoned the applicants under Sections 323 and 504 I.P.C. whereas no prima facie case is made out against the applicants, therefore, the summoning order as well as entire proceedings of the aforesaid case may be quashed. 4. Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the complaint, the statements of the complainant and witnesses and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed. Versus Counsel for Applicant(s) : Manoj Kumar Counsel for Opposite Party(s) : G.A. Ibrahim And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. As per record, opposite party no.2 filed a compliant against the applicants regarding the incident dated 13.05.2016 in which he has made an allegation that the applicants have beaten him. The opposite party no.2 got himself examined under Section 200 Cr.P.C. and witnesses Mool Chand Yadav and Yunus under Section 202 Cr.P.C. Thereafter, the learned Magistrate has summoned the applicants under Sections 323 and 504 I.P.C. 6. 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 applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 528 BNSS. 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. 7. Considering the facts and circumstances of the case, I do not find any ground to quash the aforementioned case, therefore, the prayer for quashing the same is hereby refused. 8. Accordingly, the application is dismissed. March 24, 2026 Vijay NA528 No. 50070 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad