HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 47682 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Anil Kumar Yadav, learned counsel for the applicants and Sri Kamal Dev Rai, learned A.G.A. for the State. 2. The present application under Section 528 B.N.S.S. has been filed for quashing the charge sheet dated 25.12.2023 along with cognizance order dated 10.10.2024 as well as entire proceeding of Case No.1762 of 2024 (State Vs. Deepak Sharma Marwadi & Others) arising out of Case Crime No.74 of 2023, under Sections 323, 504, 506, 501, 294, 120B I.P.C., Police Station Pheelkhana, District Kanpur Nagar. 3. Learned counsel for the applicants submits that on 6.7.2021 the wife of applicant No.2 lodged a First Information Report as Case Crime No.0034 of 2026, under Sections 506, 504 I.P.C. at Police Station Pheelkhana, District Kanpur Nagar against the opposite party No.2 another accused person. After due investigation, the police submitted a charge sheet against opposite party No. 2 and another accused person. Thereafter, as a counterblast and with an intention to pressurize the applicants, opposite party No. 2 lodged a false and baseless FIR case against the applicants with respect to an alleged incident dated 27.09.2022 after an inordinate delay of more than 14 days without any plausible explanation. He further submitted that after investigation, the Investigating Officer submitted a charge sheet against the applicants, and the learned Magistrate took cognizance vide order dated 10.10.2024. It is further submitted that no offence is made out against the applicants and that the learned Magistrate has passed the impugned order without proper application of mind. Versus Counsel for Applicant(s) : Anil Kumar Yadav Counsel for Opposite Party(s) : G.A. Digvijay Singh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Therefore, the impugned order is liable to be set aside. 4. Per contra, learned AGA has vehemently opposed the submissions advanced on behalf of the applicants and contended that the learned Magistrate has passed the impugned cognizance order strictly in accordance with law. It is submitted that, at the stage of taking cognizance, the Court is only required to examine whether a prima facie case is made out or not. He further submits that the charge sheet has been filed after due investigation and the material collected therein clearly discloses the commission of offences against the applicants. There is no illegality, irregularity, or perversity in the impugned order passed by the learned Magistrate. Therefore, the present application is liable to be dismissed. 5. As per the facts of this case, the opposite party No.2 lodged the FIR against the applicant No.1 and some unknown persons as Case Crime No.74 of 2023, under Sections 323, 504, 506, 501, 294, 120B I.P.C., Police Station Pheelkhana, District Kanpur Nagar with the allegations that on 27.09.2023, at about 1:20 p.m., applicant No. 1, Digvijay Singh, along with some unknown persons, came to the ghat belonging to opposite party No. 2 and allegedly started making videos with the intention of spreading false propaganda and defaming the said ghat. Upon objection being raised by the father-in-law of opposite party No. 2, they allegedly abused him in filthy language and assaulted him, and they also used abusive language and behaved indecently with opposite party No. 2. After investigation charge sheet was filed against the applicants and thereafter the learned Magistrate taken cognizance vide order dated 10.10.2024. 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 B.N.S.S. 7. Upon consideration of the material available on record, this Court finds that the learned Magistrate has proceeded in accordance with law. This Court does not find any illegality or perversity in passing the NA528 No. 47682 of 2025 2 cognizance/summoning order. Therefore, the prayer for setting aside the same is hereby refused 8. Accordingly, the application is dismissed. May 7, 2026 Md Faisal NA528 No. 47682 of 2025 3 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad