Neutral Citation No. - 2025:AHC:123396 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23126 of 2025 Applicant :- Vedprakash And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application u/s 528 BNSS has been filed for quashing of the charge-sheet dated 06.10.2024 as well as cognizance order dated 17.12.2024, passed in Case No. 24913 of 2024 (State v. Sumit and others), arising out of Case Crime No. 246 of 2024, under Sections 191(2), 191(3), 190, 115(2), 352, 125, 110, 117(2) of B.N.S., P.S.- Araniya, District- Bulandshahar, pending in the court of Chief Judicial Magistrate, District- Bulandshahar. 3. It is submitted by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against them. As per prosecution version, alleged dispute has taken place in the cycle competition and that the only allegation levelled against the applicants is that they have pelted stones and bricks at the injured persons. Only general and vague allegations have been levelled against the applicants. No specific role has been assigned to the applicants. Learned counsel has referred the statement of injured persons and submitted that no prima facie case is made out against the applicants. It was submitted that impugned proceedings are malicious and thus, liable to be quashed. 4. Learned AGA has opposed the application and submitted that in the alleged incident, as many as 7-8 persons have sustained injuries and one of the injured namely, Yash has sustained serious injury at his head and thus, a prima facie case is made out against the 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 matter, perusal of record shows that informant has lodged First Information Report alleging that on 23.08.2024 while his father was taking away his cattle, the applicants have assaulted the father of informant. It was further alleged that when family members of informant tried to save him, they were also assaulted by the applicants/ accused. It appears that 7-8 persons have sustained injuries in the incident and one of the injured namely, Yash has sustained serious injury. 8. In view of material on record, it can not be said that no prima- facie case is made out against applicants. 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 First Information Report 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 :- 25.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad