Neutral Citation No. - 2025:AHC:133014 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 23650 of 2025 Applicant :- Hina Bano And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 528 BNSS application has been filed to quash the Charge sheet dated 22.01.2025; cognizance and summoning order dated 06.02.2025 in Criminal Case No.11604 of 2025 (State Vs. Mohd. Akil & others) arising out of Case Crime No. 68 of 2024, under Sections 147, 376,504,506,427 I.P.C. along with 3/5 (1) U.P. Prevention of conversion of Religion Act 2021, Police Station Collector Ganj, Kanpur Nagar, pending in the Court of Judicial Magistrate-I, Kanpur 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 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. The applicants are family members of the co-accused Aquil against which the victim has made allegation with regard to rape, physical molestation and pressurizing to convert her religion. The cognizance and summoning by the learned Magistrate is without application of judicial mind. The statement recorded under Sections 180 and 183 BNSS is not supporting the prosecution case. He further submits that no prosecution could proceed against the applicants, in such circumstances. 4. Learned A.G.A. vehemently opposed the submission raised by counsel for the applicants and submitted that submission raised by counsel for the applicants 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 applicants. On perusal of F.I.R. and the statement recorded under Sections 180 and 183 BNSS, prima facie offence is made against the applicants and the I.O. has collected material evidence as video and audio clips. 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. 8. However, if the applicants surrender before the concerned Court below within three weeks from today and apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 9. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against the applicants. Order Date :- 6.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad