HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 46742 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Arya Suman Pandey, learned Counsel for applicant and learned A.G.A. for State and perused the record. 2. This application under Section 528 BNSS has been filed by the applicant with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and Quash the entire proceeding as well as well as charge-sheet dated 11.11.2022 as well as cognizance/summoning order dated 10.07.2023 passed by the Additional Chief Judicial Magistrate, 5th Allahabad, Prayagraj) in Criminal Case No. 655 of 2023, (State Versus Tushar Pandey) in Case Crime No. 272 of 2022, Under Section 323, 506 I.P.C. Police Station Cantt, District Prayagraj, which is pending in the Court of Additional Chief Judicial Magistrate, 5th Prayagraj." 3. Learned Counsel for the applicant submits that opposite party no.2 lodged a First Information Report on 21.09.2022 at 8:34 a.m. with an allegation that while she was walking in her lawn, the applicant came there and started assaulting her with fists and kicks but there is no medical examination to prove the injuries. There is no independent witness in this case. The investigating Officer has not collected the CCTV footage of the area. After investigation, a charge-sheet under Section 323 and 506 I.P.C. was submitted against the applicant. The learned Magistrate has taken cognizance on 10.07.2023, whereas no prima facie case is made out against Versus Counsel for Applicant(s) : Anoop Shukla, Arya Suman Pandey, Zafar Ahmad Khan Counsel for Opposite Party(s) : G.A. Tushar Pandey .....Applicant(s) State of U.P. and Another .....Opposite Party(s) him. 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 applicant and, as such, entire proceedings cannot be quashed. 5. As per record, a First Information Report as Case Crime No. 272 of 2022 under Section 323 and 506 I.P.C. was registered at Police Station Cantt, District Prayagraj regarding an incident dated 21.09.2022 with an allegation that while she was walking in her lawn, the applicant came there and started assaulting her with fists and kicks. Statement of opposite party no.2 and her mother was recorded under Section 180 BNSS in which they have supported the prosecution version. After investigation, a charge-sheet under Section 323 and 506 I.P.C. was submitted against the applicant. The learned Magistrate has taken cognizance on 10.07.2023. 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 under Section 528 BNSS is dismissed. April 16, 2026 Vijay NA528 No. 46742 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad