Neutral Citation No. - 2025:AHC:134409 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24247 of 2025 Applicant :- Lalman Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Nath Tiwari 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 14.02.201 as well as cognizance / summoning order dated 17.02.2021, of S.C./S.T. No. 449 of 2021 (State Vs. Lalman Yadav), arising out of Case Crime No. 833 of 2020, under Sections - 147, 148, 452, 323, 504, 308, 325, Police Station - Khorabar, District- Gorakhpur, pending before the court of Special Judge, E.C. Act, Gorakhpur. 3. It is submitted by learned counsel for the applicant that applicant is innocent and no prima- facie case is made out against him. The first information report was lodged making false and baseless allegations. Applicant as well as opposite party no.2 / informant are real brothers. Regarding same incident the wife of applicant has moved an application under Section - 156(3) Cr.P.C. against opposite party no.2, which was registered as a complaint case and in that matter proceedings were stayed by this Court. The injuries shown to the injured persons are false and fictitious. Referring to facts of the matter, it was submitted that impugned proceedings are malicious and counter blast and thus, liable to be quashed. 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 case perusal of record shows that the opposite party no.2 has lodged first information report on 20.12.2020 against applicant and others, alleging that on 20.12.2020 at about 08:30 AM applicant and other accused persons have abused and assaulted the informant and his family members with 'lathi' and sticks and resultantly, they have sustained injuries. During investigation, the injured persons have supported that version. Injured Rajman Yadav has sustained five injuries and fracture in frontal bone. Other injured persons have also sustained several injuries. It appears that after registration of this case the wife of applicant has moved an application under Section - 156(3) Cr.P.C., which was registered as a complaint case. In that case, the proceedings were stayed on the ground that the same was a counter blast case. Considering entire facts, no case for quashing of impugned proceedings is made out. The submissions raised by learned counsel for the applicant 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 :- 8.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad