Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 23644 of 2025 Applicant :- Narendra Alias Bagheera Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 2. The present 528 BNSS application has been filed to quash the order dated 06.06.2025 in Sessions Case No. 335 of 2025, (State of U.P. Versus Sumit Kumar and Others), arising out of the Case Crime No. 182 of 2024, Under Sections 191(2), 190, 110, 115(2), 127(2) & 103(1) B.N.S. 2023, P.S. Dhankaur, District Gautam Buddh Nagar. 3. The allegation alleged in the F.I.R. is false and baseless. On perusal of the F.I.R. as well as other material evidence collected during investigation, no offence under the alleged Sections is made out. The injuries are simple in nature. The applicant is on bail and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The F.I.R. allegation is not supported by any evidence. The Investigating Officer has submitted charge sheet without collecting evidence. He further submits that no prosecution could proceed against the applicant, in such circumstances. 4. Learned A.G.A. vehemently opposed the submission raised by counsel for the applicant and submitted that the I.O. has committed irregularity while submitting charge sheet and the F.I.R. has been registered in BNSS under Section 173 Cr.P.C. It is next submitted that submission raised by counsel for the applicant is based on factual dispute. The trial court has to examine the same. This Court under Section 528 BNSS has no power to examine the factual dispute of the matter. 5. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. The prosecution story is supported by the medical examination report and witnesses have supported the prosecution story. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 BNSS. 6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283,, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 528 BNSS. 7. The present application under Section 528 BNSS lacks merit and is, accordingly, dismissed. Order Date :- 6.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad