HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15293 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present 528 BNSS application has been filed to quash the entire proceeding as well as the impugned summoning order dated 03.11.2006 passed by learned Chief Judicial Magistrate, Aligarh in Case No. 8054/2006, State Vs. S.I. Harveer Singh and others, arising out of Case Crime No. 113/2002, under Sections 342, 343, 323, 193, 194, 196, 120B IPC, Police Station- Chharra, District- Aligarh as well as the impugned charge sheet nos. 20/2006 dated 6.9.2006. 3. it is alleged in the first information report that applicant being S.I. kept victim in legal custody for about 14-15 days, thereafter, released the victim. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. Charge-sheet was submitted in the year 2006 and till today no charge has been framed. On perusal of order-sheet, it appears that Trial Court has not taken any steps to proceed with the trial and only B.W. and N.B.W. has been issued against the applicants. On perusal of first information report, no offence Versus Counsel for Applicant(s) : Rajesh Giri, Shree Prakash Giri Counsel for Opposite Party(s) : G.A. Harbir Singh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 applicant on record, as on date, as per prosecution case, the cognizable offence against the applicant is made out. Under the facts and circumstances of the present case as well as materials on record against the applicant, the criminal proceedings against the applicant 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 NA528 No. 15293 of 2025 2 accused/applicant 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 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. 9. With the aforesaid observations/directions, this application under Section 528 BNSS stands disposed of. September 11, 2025 Aditya NA528 No. 15293 of 2025 3 (Deepak Verma,J.) Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad