HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23795 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard Sri Virendra Singh Parmar, learned counsel for the applicant and Sri P. P. Pandey, learned AGA for the State. 2. The present 528 BNSS application has been filed to quash the impugned charge sheet dated 03.04.2024 along with cognizance order dated 7.01.2025 in Case No.27 of 2025 State Vs. Dinesh Singh & others as well as entire proceeding of case No.27 of 2025 State Vs. Dinesh Singh & others arising out of case crime No.159 of 2022 under section 307, 504/34 I.P.C., Police Station Sumerpur, District Hamirpur, Pending in court of Chief Judicial Magistrate, Hamirpur. 3. It is alleged in the FIR that informant came to attend marriage ceremony then named accused person came there and opened fire. 4. Sri Parmar, counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to mala fide intention. Allegation alleged in the FIR is not supported by any cogent evidence, it is no injury case and is based upon false and baseless allegation. On account of previous enmity, applicant has been implicated in the present case. I.O. has not collected material evidence to prosecute the applicant in the instant case. 5. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that statement of witnesses recorded during Versus Counsel for Applicant(s) : Arvind Singh Parmar, Virendra Singh Parmar Counsel for Opposite Party(s) : G.A. Rishi Raj Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) investigation, prima facie, discloses offence against the applicant and video clip recorded also disclosing offence against the applicant. No interference is warranted. 6. The grounds taken in the application reveal that many of them relate to disputed question of fact. This Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 528 BNSS cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that The impugned criminal proceeding against the applicants is abuse of the process of the Court and is liable to be quashed by this Court.the power under Section 528 BNSS at pre- trial stage should not be used in a routine manner but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceedings or where allegations made in First Information Report or charge-sheet and the materials relied in support of same, on taking their face value and accepting in their entirety do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage. 7. 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 and another, 2023 Live Law (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 as the same do not suffer from any illegality or infirmity. 8. The present 528 BNSS application of applicant-Rishi Raj Singh, is hereby dismissed with the aforesaid observation. September 25, 2025 Nitin Verma NA528 No. 23795 of 2025 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad