HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10081 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 528 BNSS application has been filed to quash the charge sheet dated 08.09.2024 along-with cognizance order dated 03.12.2024 passed by Additional Civil Judge (J.D.) / Judicial Magistrate Duddhi, Sonbhadra as well as entire criminal proceedings of Case No.2427 of 2024, (State versus Nandlal Vaishya and another), arising out of Case Crime No.66 of 2024, under Sections 303(2), 324(2), 317(2) BNS, Police Station Beejpur, District Sonbhadra, pending in the Court of Additional Civil Judge (J.D.) / Judicial Magistrate Duddhi, Sonbhadra. 3. It is alleged in the FIR that applicant's motorcycle was seized by police patrolling team thereafter applicant took away motorcycle which was seized by the said police team. 4. Counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. Applicant is owner of the vehicle in question. Prosecution story is not supported by any independent witness. Allegation alleged in the FIR made against the applicant with malice intention and only to harass the applicant. No offence under the alleged sections is made out. Applicant has been roped in the present case due to mala fide intention. Cognizance/Summoning order passed by learned Magistrate, is without application of his judicial mind and the same is liable to be quashed. 5. Per contra, learned A.G.A. vehemently opposed the submission raised by the counsel for the applicant and submitted that the submissions raised by the counsel for the applicant are disputed question of facts which cannot be considered, at this stage. After theft the vehicle has been recovered from the possession of the applicant, prima facie, offence is made out against the applicant. 6. 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 Versus Counsel for Applicant(s) : Krishna Mani Counsel for Opposite Party(s) : G.A. Rajendra Prasad .....Applicant(s) State of U.P. and Another .....Opposite Party(s) is a function of the trial court. This Court in exercise of power under Section 528 BNSS 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 BNSS at pre-trial stage should not be used in a routine manner but it has to be used sparingly, 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. 7. 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 BNSS by this Court at this stage. The relief as claimed by the applicant through this application is refused. 8. The defence version of the applicant has to be considered by the court concerned at the appropriate stage. The accused/applicant has statutory remedy of moving discharge application before the court concerned at the appropriate stage. 9. Considering the material on record, it is directed that, if objection/discharge application is filed on behalf of the applicant before the court concerned within thirty days, 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 applicant. 10. With the aforesaid observations/directions, this application under Section 482 Cr.P.C. stands disposed of. September 17, 2025 I.A.Siddiqui NA528 No. 10081 of 2025 2 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad