Neutral Citation No. - 2025:AHC:133017 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 27362 of 2025 Applicant :- Dhanpal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 528 BNSS application has been filed to quash the FIR No.0417/2024 lodged under section 64 and 351(3) of the BNS dated 05.11.2024 and Chargesheet filed under section 64 and 351 (3) of the BNS dated 03.12.2024, as well as the the entire criminal proceedings in session case no. 190/2025 (State VS Dhanpal Singh) Police Station Baldeo, District- Mathura. 3. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant FIR has been lodged in counterblast with malicious intention only to harass the applicant as there is previous enmity between the parties. On perusal of statement recorded U/s 180 and 183 Cr.P.C., no offence under the alleged sections is made out. Site plan is also not supporting the prosecution version. Allegation in FIR in regard to committing rape is not supported by any material evidence. Prosecution story is false and baseless. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that the submission raised by applicant's counsel are disputed questions of fact. Statement of victim recorded U/s 180 and 183 Cr.P.C. prima facie discloses offence against the applicant. I.O. has collected material evidence. No interference is warranted. 5. 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. 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 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. 7. The present 528 BNSS application of applicant-Dhanpal Singh, is hereby dismissed with the aforesaid observation. Order Date :- 6.8.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad