Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 14517 of 2025 Applicant :- Smt. Bansa Alias Laxmi Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Kumar Tiwari,Rabindra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. As per office report dated 20.06.2025, notice has been personally served upon opposite party No.4 but no one appeared. 2. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 3. The present 528 BNSS application has been filed to quash the entire proceeding in Special Sessions Trial No. 07 of 2014 (State Vs. Bansa and others), arising out of Case Crime No. 452 of 2014, under Sections 363 and 366 of 1.P.C., Police Station- Diyoriya Kalan, District- Pilibhit. 4. Counsel for the applicants submits that on application under Section 319 Cr.P.C., the applicant was summoned vide order dated 26.05.2016 by the court below. Thereafter, he challenged the said order by filing Application under Section 482 Cr.P.C. No.40044 of 2017 and the Co-ordinate Bench of this Court vide order dated 29.11.2017 disposed of the application with direction that applicant shall surrender and apply for bail. The applicant did not appear before the court below, hence non bailable warrant was issued and proceedings under Section 82 Cr.P.C. has been initiated against the applicant. Thereafter, the co-accused Vinod filed Application under Section 482 No.36559 of 2017 and the application of the co-accused was disposed of with direction that in case the co-accused appears and surrenders before the court below, the same shall be decided in accordance with law. 5. 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 applicant is based on factual dispute. The trial court has to examine the same. This Court under Section 528 BNSS has no power to examine the factual dispute of the matter. 6. 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 applicant. The grievance of the applicant has already been adjudicated by the order dated 29.11.2017. In spite of the order of this Court dated 29.11.2017, the applicant did not appear before the court below. 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. 7. 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. 8. The present application under Section 528 BNSS lacks merit and is, accordingly, dismissed. Order Date :- 20.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad