HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14574 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 26.01.2024 and summoning order dated 6.3.2024 as well as entire proceedings of Case No. 5973 of 2024, arising out of Case Crime No. 91 of 2022 (State Vs. Puja Awasthi & others), under Sections 323, 324, 326, 504, 506 I.P.C. at Police Station- Rura, District- Kanpur Dehat. 3. Counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. He next submitted that offences under Sections 323, 324, 326, 504, 506 I.P.C. in which cognizance/summoning order has been issued against the applicants. It is next submitted that it is not supported by any cogent evidence to implicate the applicants. The cognizance/ summoning order was passed illegal, arbitrary and without application of mind. It is admitted legal position that for prosecution under Section 326 I.P.C. assault by dangerous weapons is must but there is no use of any such type of weapon and nothing has mentioned in the FIR as well as statement of witness. Applicants have 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. 4. Per contra, learned A.G.A. for the State submitted that considering the arguments so advanced by learned counsel for applicants the Investigating Officer has collected the evidence against the aforesaid sections and Versus Counsel for Applicant(s) : Raj Kumar Sharma, Sunil Kumar Counsel for Opposite Party(s) : G.A. Puja Awasthi And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) submitted the charge sheet against the applicants on record, as on date, as per prosecution case, the cognizable offence against the applicants are 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 BNSS 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 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. 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 BNSS by this Court at this stage. The relief as claimed by the applicant through this application is refused. 7. The defence version of the applicant has to be considered by the court concerned at the appropriate stage. The accused/applicants has 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 before the court concerned within three weeks from today, it is expected that the court concerned will consider and decide the same expeditiously within a period of four weeks in accordance with law. Till the disposal of discharge application, no coercive action will be taken against the applicants in the NA528 No. 14574 of 2025 2 aforesaid case. 9. With the aforesaid observations/directions, this application under Section 528 BNSS stands disposed of. September 8, 2025 Md Faisal NA528 No. 14574 of 2025 3 (Deepak Verma,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad