Neutral Citation No. - 2025:AHC:142101 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19045 of 2025 Applicant :- Ankit Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava 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 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 17.12.2024 as well as cognizance / summoning order dated 02.04.2025, of Case No. 273 of 2025, arising out of Case Crime No.99 of 2024, under Sections 115(2), 110 BNS, P.S.- Jigana, District- Mirzapur, pending in the court of Civil Judge (S.D.) / F.T.C., Mirzapur. 3. It has been submitted by learned counsel for the applicant that applicant is innocent and no prima-facie case is made out against him. As per prosecution version the dispute was between informant and co-accused Rakesh Singh and applicant has no concern with that dispute. No specific role has been assigned to the applicant. Except one injury, other injuries shown to the injured are simple in nature. Learned counsel has referred statements of witnesses and submitted that no prima-facie case is made out against applicant. 4. Learned AGA 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 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. In this connection, a reference may also be made to the case of R. Kalyani vs. Janak C. Mehta and Others, 2009 (1) SCC 516, Rupan Deol Bajaj vs. K.P.S. Gill (1995) SCC (Cri) 1059, Rajesh Bajaj vs. State of NCT of Delhi, (1999) 3 SCC 259 and Medchl Chemicals & Pharma (P) Ltd vs. Biological E Ltd. & Ors, 2000 SCC (Cri) 615. It has been held that if a prima facie case is made out disclosing ingredients of the offence, court should not quash the charge sheet/complaint. It is equally well settled that at this stage questions of fact cannot be examined and a mini trial cannot be held. 7. In the instant matter perusal of record shows that opposite party no.2 has lodged first information report against applicant and co-accused persons, alleging that on account of property related dispute, co-accused Rakesh, having a gandasa, applicant Ankit Singh, having a sharp edged weapon, and co-accused Adarsh and Aditya, having iron rods, have assaulted him and resultantly he has sustained injuries. In the medical examination report of injured Virendra Singh, five injuries have been shown and in N.C.C.T. report hematoma at right frontal region was shown. In C.E.C.T.- THORAX, "alveolar collections at dependent positions of both lower lobes of lungs", was shown. The informant and other witnesses have supported that version in their statements during investigation. Considering material on record it can not be said that no 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. 8. After considering arguments raised by learned counsel for the parties and perusing the impugned first information report and materials on record, no case for quashing of impugned proceedings is made out. Hence, the prayer sought above is hereby refused. 9. However, it is directed that in case applicant surrenders before the court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicant surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 10. With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 20.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad