Neutral Citation No. - 2025:AHC:109688 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19401 of 2025 Applicant :- Mahendra Singh Meena Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Yunus Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 BNSS has been filed against the order dated 15.04.2024, passed by learned Additional Session Judge, Court No.1, Kushinagar at Padrauna in Criminal Revision No. 43 of 2023 (Mahindra Singh Mina v. State of UP and Another), as well as against the summoning order dated 14.12.2021, passed by learned Additional Chief Judicial Magistrate, Kasya, Kushinagar, whereby the applicant has been summoned in Criminal Case No. 5856 of 2021 (State v. Mahendra Singh Mina and others), Case Crime No. 351 of 2019, under Section 406 of IPC, P.S.- Hata, District- Kushinagar. 3. It is submitted by learned counsel for the applicant that applicant is innocent and no prima facie case is made out against him. The applicant was working as driver on the truck of applicant and on 04.07.2019 while the said truck was being taken by applicant and co-driver Waseem Khan to Bihar, in the way, some unknown miscreants have committed robbery of the truck and goods lying therein. The First Information Report of this case was lodged by the applicant at the instance of truck-owner/ informant. The allegations that truck and goods were misappropriated by applicant are false and there is no evidence to support the same. Referring to facts of the matter, learned counsel for the applicant submitted that no prima facie case is made out against the applicant and the impugned proceedings are malicious and thus, liable to be quashed. 4. Learned AGA has opposed the application and submitted that a prima facie case is made out against the applicant. 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, it appears from record that applicant was working as driver on the truck of informant. It was alleged that on 04.07.2019 while the goods were being carried in the said truck by applicant to Bihar, the truck along with the goods has gone missing. Applicant has lodged First Information Report that some unknown persons have robbed the truck and goods but during investigation that version was found false. Applicant has failed to offer any plausible explanation as to how the truck and goods have gone missing. 8. In view of material on record, it can not be said that no prima- facie case is made out against applicant. The submissions raised by learned counsel for the applicant 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. 9. After considering arguments raised by learned counsel for the parties and perusing the impugned complaint 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. 10. Accordingly, the application u/s 528 BNSS is hereby dismissed. Order Date :- 9.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad