Neutral Citation No. - 2025:AHC:101615 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15007 of 2025 Applicant :- Pramod Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kshitij Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application u/s 528 BNSS has been filed for quashing of the entire proceedings, including Charge-Sheet dated 20.05.2020, of Case No. 208 of 2020 (State v. Pramod Kumar and others), arising out of Case Crime No. 0062/2020, under Sections 323, 504, 506, 325 of IPC, P.S.- Madihan, District- Mirzapur, pending in the court of Additional Civil Judge (S.D.), Court No.1, Mirzapur. 3. It is submitted by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against them. As per prosecution version, applicants have assaulted the informant and injured persons on 30.03.2020 at about 09.00 A.M. and they were medically examined on 30.03.2020 at 03.00 P.M. and as per concerned doctor, injuries were shown one day old. It was stated that in fact the injured persons have sustained injuries in a road accident on 29.03.2020 and they were medically examined on the same day and that fact is established by the information received under the Right to Information Act, copy of which has been annexed as Annexure-6. Referring to these facts, it was submitted that the allegations levelled against the applicants are false and they have not caused any injury to the injured persons and thus, the impugned proceedings are liable to be quashed. 4. Learned AGA has opposed the application and submitted that in view of the statement of informant and injured persons, a prima facie case is made out against the applicants. 5. I have considered the rival submissions and perused the record 6. The legal position on the issue of quashing of criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. However, where the allegations made in the FIR or the complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the charge-sheet may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C. In well celebrated judgement reported in AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal, Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash FIR or proceedings should be exercised sparingly and that too in the rarest of rare cases. 7. In the instant matter, the informant has lodged First Information Report alleging that on 30.03.2020 at about 09.00 A.M., she and her husband- Munna and sister-in-law- Sangeeta were assaulted by applicants-accused with Lathi and sticks and resultantly they have sustained injuries. In medical examination report, 14 injuries have been shown to injured- Munna. Informant- Usha and another injured Sangeeta have also sustained several injuries. These medical examinations were conducted on 30.03.2020 at about 03.00 P.M. Merely because, the Doctor has mentioned that the injuries were one day old and as per information received under the RTI Act, their medical examinations were also conducted on 29.03.2020, the impugned proceedings cannot be quashed. In view of material on record, it can not be said that no prima-facie case is made out against applicants. The submissions raised by learned counsel for the applicants call for determination on questions of fact, which may adequately be discerned/adjudicated only by the trial court. Even the submissions made on point of law can also be more appropriately gone into by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 528 BNSS. 8. After considering arguments raised by learned counsel for the parties and perusing the impugned proceedings as well as statement of witnesses and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 528 BNSS. In view of material on record, no case for quashing of impugned proceedings or any other interference is made out. Hence, the present application under Section 528 BNSS is liable to be dismissed. 9. Accordingly, the application u/s 528 BNSS lacks merit and is hereby dismissed. Order Date :- 1.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad