HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15330 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants; learned AGA for the State and perused the material available on record. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 26.11.2024; cognizance and summoning order dated 04.04.2025 in Case No.182 of 2025 (State Vs. Badri Bishal & another) arising out of case crime no.279 of 2024, under sections 115 (2), 351 (2) and 352 of B.N.S. Police Station Mau, District Chitrakoot, pending in the Court of Judicial Magistrate, Mau, District- Chitrakoot. 3. Counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. It is alleged in the F.I.R. that while distribution of fertilizer in Sahkari Samiti, present incident occurred but the same has been stated in the F.I.R. in superfluous manner. The F.I.R. is false and baseless. As per doctor's statement, injuries are simple in nature and allegation alleged in the FIR is not supported by any evidence. The Cognizance/Summoning order passed by learned Magistrate, is without application of judicial mind and the same is liable to be quashed. Versus Counsel for Applicant(s) : Ved Prakash Shukla Counsel for Opposite Party(s) : G.A. Badri Bishal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Per contra, learned A.G.A. for the State submitted that considering the material evidences and allegations against the applicants 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 482 Cr.P.C. 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 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sprangly, 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 applicants has to be considered by the court concerned at the appropriate stage. The accused/applicants have statutory remedy of moving discharge application before the court concerned at the appropriate stage. NA528 No. 15330 of 2025 2 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 two weeks, it is expected that the court concerned will consider and decide the same expeditiously within a period of four weeks, in accordance with law. 9. Till then no coercive action shall be taken against the applicants in the aforesaid case. 10. With the aforesaid observations/directions, this application under Section 528 BNSS stands disposed of. September 11, 2025 Meenu Singh NA528 No. 15330 of 2025 3 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad