Neutral Citation No. - 2025:AHC:144402 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24037 of 2025 Applicant :- Gajendra Chaudhary Alias Gajendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bajrang Lal,Krishna Kanhaiya Soni 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 25.12.2023 as well as cognizance order dated 16.01.2024, of Case Crime No. 830 of 2023, under Sections - 323, 504, 452, 506, 386, 392 I.P.C., Police Station - Majhola, District- Moradabad, pending before the Court of Chief Judicial Magistrate, Moradabad. 3. It is submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this case. The first information report has been lodged by the opposite party no.2 / informant making false and baseless allegations. There is no independent witness of the alleged incident. No delivery of any amount has taken place and thus Section -386 I.P.C. is not made out against applicant. It was stated that in fact applicant as well as the wife of opposite party no.2 are office bearers of a political party and there was enmity on account of ticket for contesting election and applicant has been falsely implicated due to that reason. Referring to facts of the matter, it was submitted that no prima facie case is made out against applicant. 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in the first information report and material collected during investigation, 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, the opposite party no.2 has lodged first information report alleging that he is a doctor and that on 19.09.2019 at about 10:00 PM while he was closing his clinic, applicant-accused, along with one unknown person, came there and assaulted him and at the point of pistol he forcibly snatched Rs. 65,000/- from him. Thereafter, the applicant continuously started harassing the informant and made extortion calls. It was alleged that on 10.02.2022 one unknown person came at the clinic of informant and asked him to talk with applicant-accused, stating that he has demanded an amount of Rs. 2 lakhs. After that first information report was lodged. In view of allegations made in the first information report and statements of witnesses, it can not 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 :- 22.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad