HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 46726 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Naresh Kumar Pal, learned Counsel for applicants and learned A.G.A. for State and perused the record. 2. This application under Section 528 BNSS has been filed by the applicants with the following prayer to quash the charge-sheet dated 06.02.2025, cognizance/summoning order dated 14.07.2025 as well as the entire proceedings of Criminal Case No. 23128 of 2025, arising out of Case Crime No. 24 of 2025 under Sections 115(2), 352 and 351(3) BNS at Police Station Bharthana, District Etawa, pending before the Court of learned Additional Chief Judicial Magistrate, Court No.1, Etawah. 3. Learned Counsel for the applicants submits that opposite party no.2 borrowed some money from the husband of opposite party no.2 but he was not repaying the said amount. For making pressure upon the applicants, opposite party No.2 lodged a First Information Report as Case Crime No. 24 of 2025 under Sections 115(2), 352 and 351(3) BNS at Police Station Bharthana, District Etawa against the applicants alleging therein that on 30.01.2025 at about 5:00 p.m., the applicants assaulted him with stick and bricks due to which he sustained injuries. He further submits that opposite party no.2 was medically examined but the injuries are simple in nature. The police station is at a distance of 10 kms. but Versus Counsel for Applicant(s) : Amar Vikash, Nafis Ahmad, Naresh Kumar Pal, Sobran Singh Counsel for Opposite Party(s) : G.A. Mohit Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the F.I.R. was lodged after 6 hours, which shows the prosecution case doubtful. After investigation, a charge-sheet under Sections 115(2), 352 and 351(3) BNS filed against the applicants. The learned Magistrate has taken cognizance on 14.07.2025, whereas no prima facie case is made out against them. Therefore, the cognizance order as well as entire proceedings may be quashed. 4. Per contra, learned A.G.A. has submitted that the learned Magistrate has taken cognizance after perusal of the allegations made in the F.I.R. and the material collected during the course of investigation. A prima facie offence is clearly made out against the applicants and, as such, entire proceedings cannot be quashed. 5. As per record, a First Information Report as Case Crime No. 24 of 2025 under Sections 115(2), 352 and 351(3) BNS at Police Station Bharthana, District Etawa against the applicants alleging therein that on 30.01.2025 at about 5:00 p.m., the applicants assaulted him with stick and bricks due to which he sustained injuries. The opposite party no.2 was medically examined at Community Heath Centre,Bharthana, District Etawa in which two injuries of simple nature were found. During investigation, statement of the opposite party no.2 and witnesses were recorded. After investigation, a charge-sheet under Sections 115(2), 352 and 351(3) BNS was filed against the applicants. The learned Magistrate has taken cognizance on 14.07.2025. 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 applicants. 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 NA528 No. 46726 of 2025 2 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 under Section 528 BNSS is dismissed. April 16, 2026 Vijay NA528 No. 46726 of 2025 3 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad