Neutral Citation No. - 2025:AHC:115145 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19522 of 2025 Applicant :- Sunil Diwaker Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Sharma 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 for quashing of the impugned charge sheet dated 19.02.2024 and cognizance order dated 25.11.2024 of Criminal Case No. 13340/2024, arising out of Case Crime No. 784 of 2024, under Sections 115(2), 352, 351(2), 74 B.N.S., P.S.- Civil Lines, District- Moradabad (State v. Nitin Kumar and others), pending in the court of Chief Judicial Magistrate, Moradabad. 3. It is submitted by learned counsel for the applicant that applicant is innocent and no prima facie case is made out. Mainly the allegations have been levelled against co-accused Nitin Kumar and no specific role has been assigned to the applicant in the alleged assault. The injuries sustained by informant are simple in nature and that at the time of examination, injuries were shown fresh whereas sufficient time as passed since the incident. Referring to facts of the matter, it was submitted that no prima facie 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 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, the opposite party no.2/ informant has made clear allegations that on 27.08.2024 while examination/ promotion test of FDM was going on, the applicant Sunil Diwakar was taking examination in place of co-accused Nitin Kumar and when the informant tried to record the same in her mobile phone, she was assaulted by applicant and co-accused persons. In her statement under Section 183 CrPC, she has stated that applicant and co-accused Nitin Kumar have dragged into the cabin and they have abused and pushed her. She has also stated that applicant and co-accused Nitin Kumar also tried to remove her clothes. In medical examination report, two injuries have been shown on the body of informant. 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 proceeding 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 :- 16.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad