Neutral Citation No. - 2025:AHC:47586 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 10783 of 2025 Applicant :- Nem Chandra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Pal,Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been preferred against the summoning order dated 18.03.2024, passed by Judicial Magistrate, Kaushambi, in Complaint Case No.2976 of 2023 (Shivcharan Vs. Nem Chandra and Others), under Sections 323, 504, 506 I.P.C., Police Station- Saini, District- Kaushambi, pending before the Court of Judicial Magistrate, Kaushambi. 3. It has been submitted by learned counsel for the applicant that regarding an incident dated 05.02.2023 the applicant no.1 has lodged a first information report on 13.02.2023 against opposite party no.2 and his family members for offences under Sections 323, 504, 506, 147 IPC and after that the opposite party no.2 has made application under Section 156(3) Cr.P.C. on 28.02.2023. It was pointed out that even the complaint to the S.S.P. was made after 15 days of alleged incident. The long delay in making complaint raises a serious doubt about authenticity of the version of complainant. The injuries shown to the injured persons, are wholly false and fictitious. Referring to facts of the matter, it was submitted that no prima-facie case is made out against the applicants. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 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 judgement 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. It is well settled that at the stage of issuing process under Section 204 Cr.P.C., the Magistrate is mainly concerned with the allegations made in the complaint and evidence led in support of the same. The Magistrate has to be satisfied that there are sufficient grounds for proceedings against the accused. The issuance of process should not be mechanical, rather it must be based on the allegations made in the complaint and evidence led in support of the same. Though, at the stage of issuance of process to the accused the Magistrate is not required to record detailed order but Magistrate has to be prima-facie satisfied that there are sufficient grounds for proceeding against accused. 8. In the instant matter, it appears that regarding an incident dated 05.02.2023 applicant no.1 has lodged first information report against opposite party no.2 and others, and regarding same incident the opposite party no.2 has lodged impugned complaint on 28.02.2023. In the alleged incident, both the parties have sustained injuries. Fracture has been shown to injured Pooja in proximal phalynx of little finger of her left hand. As both the parties have sustained injuries, various factual aspects are required to be decided. The submissions raised by learned counsel for the applicants call for determination on questions of fact, which may adequately be discerned/adjudicated only by the trial court. Even the submissions made on point of law can also be more appropriately gone into by the trial court. In view of allegations made in the complaint and statement of complainant recorded under Section 200 Cr.P.C. and of witnesses recorded under Section 202 Cr.P.C., it cannot be said that no prima facie case is made out against the applicants. Hence, the prayer as sought above, is hereby refused. 9. However, keeping in view the facts of the matter, it is directed that in case, applicants appear/ surrender before the court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 10. The application under Section 528 B.N.S.S. is disposed of in above terms. Order Date :- 4.4.2025//'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad