Neutral Citation No. - 2025:AHC:143215 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21639 of 2025 Applicant :- Shabbir Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Pati Tripathi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge-sheet dated 01.03.2024 as well as cognizance / summoning order dated 09.05.2024, of Case No. 43000 of 2024 (State Vs. Shabbir Ahmad), arising out of Case Crime No. 257 of 2023, under Sections - 386, 406, 504, 506 IPC, Police Station - Jajmau, District- Kanpur Nagar, pending before the court of Chief Metropolitan Magistrate, Kanpur Nagar. 3. It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was submitted that on the application made by the informant to the police, applicant was called to the police station and he was arrested and falsely implicated in this case. Alleged audio clip is about conversation between applicant and Dr. Dilshad Ahmad and the same cannot be treated as evidence in this case. No specific date and time has been mentioned as to when the alleged amount was given by the informant to the applicant. The matter has not been investigated properly and charge-sheet has been submitted in a routine manner. Learned counsel has referred contents of first information report and statements of witnesses and submitted that allegations levelled against applicant are false and no prima facie case is made out and impugned proceedings are malicious and thus, liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in first information report and material 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. 7. In the instant matter, perusal of record shows that informant has made allegation that his son was facing a case in the court at Kanpur Nagar and applicant has told the informant that he is having contact with the Judge of the concerned Court and he would get his son acquitted and for that purpose he demanded an amount of Rs. 5 lakhs. It was further alleged that an amount of Rs. one lakhs was given to the applicant in the presence of three witnesses and later the son of informant was convicted by the Court. In view of allegations made in the first information report and statements of witnesses, it cannot be said that no prima facie case is made out against applicant. The submissions raised by learned counsel for the applicants 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. 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 :- 21.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad