Neutral Citation No. - 2025:AHC:139007 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11750 of 2025 Applicant :- Gyan Chand Alias Shilu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Kumar Dubey,Raghuvansh Chandra,Surabhi Chandra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 528 BNSS application has been filed to quash the Charge Sheet dated 20.10.2024; summoning order dated 01.02.2025 as well as entire criminal proceedings of Case No. 58 of 2025 (State of U.P. vs. Gyan Chand and others), arising out of Case Crime No. 343 of 2024, under Sections 115(2), 352, 351(2) of B.N.S., Police Station Colonelganj, District-Prayagraj. 3. Counsel for the applicants submits that the applicants lodged F.I.R. against opposite party no. 2 and in counter blast instant F.I.R. has been lodged with malice intention only to harass the applicants. The F.I.R. allegation is not supported by any evidence. The Investigating Officer has submitted charge sheet without collecting material evidence and learned Magistrate without applying judicial mind summoned the applicants. He further submits that no prosecution could proceed against the applicants, in such circumstances. 4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that submission raised by counsel for the applicants is based on factual dispute. The trial court has to examine the same. Moreover, at this stage, it cannot be ascertained who is aggressor and instant F.I.R. is counter blast and this Court under Section 528 BNSS has no power to examine the factual dispute of the matter. 5. 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. Both the parties lodged F.I.R. against each other and received injury. The learned Magistrate has rightly summoned the applicants in the aforesaid case. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 BNSS. 6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 528 BNSS. 7. The present application 528 BNSS lacks merit and is, accordingly, dismissed. Order Date :- 14.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad