Neutral Citation No. - 2025:AHC:87312 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17308 of 2025 Applicant :- Ram Autar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings, including summoning order dated 27.10.2022, of Complaint Case No. 143 of 2021 (Rajpal Vs. Ramautar and Others), under Section - 506 I.P.C., Police Station - Bhot, District - Rampur, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Rampur. 3. It is submitted by learned counsel for applicant that impugned complaint has been lodged by the opposite party no.2 making false and baseless allegations and no prima facie case is made out against applicant. The dispute relates to property, which is civil in nature. It is further submitted that learned Magistrate has only referred facts of the matter and the applicant was summoned and no satisfaction has been recorded. Referring to statement of complainant and of witnesses, it was submitted that no prima facie case is made out against applicant. 5. Learned A.G.A. has opposed the application and submitted that in view of the allegations made in the complaint and in the statement of complainant, recorded under Section - 200 Cr.P.C., as well as in the statements of witnesses, recorded under Section 202 Cr.P.C., a prima facie case is made out against applicant. 6. I have considered the rival submissions and perused the record. 7. 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 judgment 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. 8. In the instant matter, perusal of record shows that the opposite party no.2 / complainant has stated in his statement under Section - 200 Cr.P.C. that his nephew has purchased a plot from one Bhupal in the year 2019 and that the applicant is having a temple at Village - Shahdra. At the instance of said Bhupal, applicant and others were pressurizing the complainant. It was further alleged that on 25.10.2020 the complainant was called to the temple and there applicant and co-accused persons made demand of Rs. 5 lakhs from him and he was kept confined in a corner of the temple for whole day at point of pistol. The applicant has threatened the complainant that in case he did not give the amount, he would get him implicated in a false case under Section - 376 I.P.C. through one Kasturi Devi. On the next day, the applicant was saved by his brother and others. The version of complainant is supported by the witnesses examined under Section - 202 Cr.P.C. The submissions raised by learned counsel for the applicants call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only 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. 9. After considering arguments raised by learned counsel for parties and perusing the impugned complaint and the materials in support of the same, no case for quashing of impugned proceedings is made out, hence the prayer as made above is hereby refused. 10. However, it is directed that in case applicant moves an application for discharge before the Trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period of three weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of discharge application. 11. The application under Section - 528 BNSS is disposed of in above terms. Order Date :- 22.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad