Neutral Citation No. - 2025:AHC:47623 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 10128 of 2025 Applicant :- Rajeev Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hanuman Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application u/s - 528 BNSS has been filed for quashing of the entire proceedings, including summoning order dated 12.11.2024, of Complaint Case No. 01 of 2024, under Sections - 323, 504, 506 I.P.C., Police Station - Kotwali Farrukhabad, District - Farrukhabad, pending in the court of Chief Judicial Magistrate, Farrukhabad. 3. It is submitted by learned counsel for the applicant that impugned complaint has been lodged making false and baseless allegations. Alleged incident of assault has been shown of 26.03.2018 but the impugned complaint was filed with long delay on 22.01.2020. There is no independent witness of the alleged incident. The injuries shown to the complainant are false and manufactured. Applicant is a government employee and the impugned complaint has been lodged to extract money from him. Learned counsel has referred statement of complainant and of witnesses and submitted that no prima facie case is made out against applicant 4. Learned A.G.A. has opposed the application and submitted that in view of the allegations made in the complaint and in the statement of complainant, recorded under Section 200 Cr.P.C., as well as in the statements of witnesses, recorded under Section 202 Cr.P.C., a prima facie case is made out against the applicant. 5. I have considered the rival submissions and perused the record. 6. The legal position on the issue of quashing of criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. However, where the allegations made in the FIR or the complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the charge-sheet may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C. In well celebrated judgment reported in AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal, Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash FIR or proceedings should be exercised sparingly and that too in the rarest of rare cases. 7. In the instant matter, perusal of record shows that the complainant/opposite party no.2 has made allegation that the applicant is working as Village Development Officer and he has provided a work of repairing and white washing of the building to him. When the complainant has demanded his due amount against the work done by him, he was abused and assaulted by the applicant. It was alleged that on 26.03.2018 at 09:30 P.M., applicant came at the shop of complainant and assaulted him with leg and fists and he has given a scissor blow at his back, resultantly he has sustained injuries. The version of complainant is supported by his medical examination report. The version of complainant is further supported by the witnesses examined under Section - 202 Cr.P.C.. In view of these facts, mere long delay in filing of the impugned complaint cannot be a ground to quash the impugned proceedings. In view of material on record, it cannot be said that no prima facie case is made out against the applicant. The submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 528 BNSS. Considering entire facts, no case for quashing of the impugned proceedings is made out. Hence the prayer as sought by the applicants is hereby refused. 8. However, it is directed that in case applicant appears/surrenders before the Trial court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicant appears/surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid complaint case. 9. The application u/s 528 BNSS is disposed of in above terms. Order Date :- 4.4.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad