Neutral Citation No. - 2025:AHC:111952 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17552 of 2025 Applicant :- Yatiraj Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brahma Nand Tripathi,Sanidhya Pandey,Vinay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 05.06.2023 as well as cognizance dated 20.12.2023, of Criminal Case No. 147 of 2023 (State Vs. Yatiraj Pandey & Another), arising out of Case Crime No. 148 of 2023, under Sections - 323, 504, 506 IPC, P.S.- Nautanwa, District- Maharajganj, pending in the court of Judicial Magistrate, Gram Nyalaya, Nautanwa, District - Maharajganj. 3. It is submitted by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against them. The first information report has been lodged after two days of the incident. The injured persons have not sustained any visible injury. Learned counsel has referred statement of injured Shanti Devi, who has inter-alia stated that when she tried to intervene, applicants have abused her. She has not made any allegation of assault. It was stated that both the applicants are students and that no prima-facie case is made out against the applicants. 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in first information report and materials on record, a prima-facie case is made out against 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 case the informant has alleged that on 13.05.2023, while he was going to his home, in the way applicants-accused have forcibly took out key of his vehicle and they abused and attacked him by throwing bricks, resultantly he has sustained injuries. It was further stated that when his grand mother came to to save him, she was also assaulted by the 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. In the instant matter, in view of the allegations made in the first information report and the material collected during investigation, no case for quashing of impugned proceedings is made out. Accordingly, the prayer as made above is hereby refused. 8. However, it is directed that in case applicants move 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. For a period of three weeks from today and in case such an application is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against applicants, provided applicants co-operate in early disposal of the discharge application. 9. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 14.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad