Neutral Citation No. - 2025:AHC:136636 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11255 of 2025 Applicant :- Mansab Ali And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the material available on record. 2. The present 528 B.N.S.S. application has been filed to quash the Charge Sheet no. 0227 of 2023, dated 06.08.2023, arising out of case crime no.0191 of 2023, under section 353, 504 and 506 of I.P.C., P.S. Swar, District- Rampur as well as the Cognizance order dated 30.10.2023 passed by Chief Judicial Magistrate, Rampur and to quash the entire proceeding of the pending Case No.337 of 2023 (State Versus Mansab ali and Others), pending before Chief Judicial Magistrate, Rampur. 3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. Allegations alleged in the first information report are false, baseless and not supported by any cogent evidence. Instant first information report has been lodged with malicious intention only to harass the applicants. Prima facie, no offence under alleged sections is made out. Cognizance/Summoning order passed by learned Magistrate, is without application of his judicial mind and the same is liable to be quashed. 4. Per contra, learned A.G.A. for the State submitted that considering the material evidences and allegations against the applicants on record, as on date, as per prosecution case, the cognizable offence against the applicants is made out. Under the facts and circumstances of the present case as well as materials on record against the applicants, the criminal proceedings against the applicants cannot be said to be abuse of process of Court. There is no illegality in the impugned summoning order and instant 528 B.N.S.S. application is liable to be dismissed. 5. After having heard the learned counsel for the parties and perusing the entire record, this Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 528 B.N.S.S. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that the power under Section 528 B.N.S.S. at pre-trial stage should not be used in a routine manner but it has to be used sprangly, only in such an appropriate case, where on the face of record, the criminal proceeding is clear abuse of the process of the Court. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage. 6. It is also well settled that at the stage of summoning the accused, the court below is not required to go into the merit and demerit of the case. Genuineness or otherwise of the allegation cannot be even determined at the stage of summoning the accused. There is no good ground to invoke inherent power under Section 528 B.N.S.S. by this Court at this stage. The relief as claimed by the applicants through this application is refused. 7. The defence version of the applicants has to be considered by the court concerned at the appropriate stage. The accused/applicants have statutory remedy of moving discharge application before the court concerned at the appropriate stage. 8. Considering the material on record, it is directed that, if objection/discharge application is filed on behalf of the applicants through counsel before the court concerned within two weeks, it is expected that the court concerned will consider and decide the same expeditiously within a period of two months in accordance with law. Till the disposal of discharge application, no coercive action will be taken against the applicants. 9. With the aforesaid observations/directions, this application under Section 528 B.N.S.S. stands disposed of. Order Date :- 12.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad