Neutral Citation No. - 2025:AHC:122682 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 18609 of 2025 Applicant :- Charanjeet And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicants, in Court today, is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application under Section - 528 B.N.S.S. and set aside the impugned orders dated 28.02.2025 and 23.10.2024, passed by Chief Judicial Civil Judge (S.D.)/F.T.C., Ghaziabad, in Case No. 2999 of 2023 (State Vs. Charanjeet and Others), arising out of Case Crime No.180 of 2014, under Sections - 452, 323, 504, 506 I.P.C., Police Station - Link Road, District - Ghaziabad, pending before the court of Chief Judicial Civil Judge (S.D.)/F.T.C. Ghaziabad." 4. It is submitted by learned counsel for applicants that applicants are innocent and no prima facie case is made out against them. The applicants have moved an application for discharge, which has been rejected vide impugned order dated 23.10.2024. Learned counsel submitted that in fact regarding incident dated 17.03.2014, applicant no.2 Vedi Rana @ Ved Prakash has lodged a first information report on 21.03.2014 under Sections - 452, 325, 504, 506, 354 I.P.C. against sons of the opposite party no.2 and thereafter first information report of this case was lodged on 24.03.2014, by making false and baseless allegations. The informant and his son have not sustained any injury. It was submitted that impugned proceedings are malicious and counter blast and a case of discharge of applicant was made out but the discharge application of applicant has been rejected by the learned Trial court in an arbitrary manner. 5. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned orders. 6. I have considered the rival submissions and perused the record. 7. It is well settled that while considering discharge application, the Court is to exercise its judicial mind to determine whether a case for trial has been made out or not. At this stage, a mini trial cannot be held and the Court can shift and weigh the evidence for limited purpose of finding out whether or not a prima facie case against the accused is made out or not. Where material placed on record discloses grave suspicion against the accused, which has not been properly explained, the Court will be fully justified in rejecting application for discharge. The Court is not to hold mini trial by marshalling the evidence at this stage. 8. In the instant matter it appears from record that applicant no.2 has lodged first information report on 21.03.2014 regarding incident dated 17.03.2014, against sons of the opposite party no.2. Thereafter, the opposite party no.2 has lodged first information report on 24.03.2014. In the first information report, the opposite party no.2 has alleged that due to previous incident dated 17.03.2014, on 24.03.2014 the applicants have trespassed into his house and assaulted his son, and resultantly he has sustained injuries at his head and other parts of the body. The version of informant is supported by the statements of witnesses recorded under Section - 161 Cr.P.C.. Learned Trial court has considered facts of the matter and discharge application of applicant was rejected by a reasoned order. No material illegality or perversity could be shown in the impugned order. The charges have already been framed. There is nothing to show that there has been any abuse of the process of Court or miscarriage of justice, so as to require any interference by this Court by invoking extraordinary powers under Section - 528 BNSS. The application under Section 528 BNSS lacks merits and thus, liable to be dismissed. 9. Accordingly, the application u/s 528 BNSS is dismissed. Order Date :- 25.7.2025 / S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad