HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29935 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS') has been filed for quashing of entire proceedings of Case No. 2014 of 2022 (State Vs. Bijendra Singh), arising out of Case Crime No.318 of 2019, under Section 379 IPC, P.S.- Afzalgarh, District- Bijnor, pending in the court of A.C.J.M., Nagina, Bijnor. 3. It has been 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 has been lodged by the Lekhpal at the complaint of Village Pradhan. There is no eye-witness of the alleged incident. No recovery has been effected from applicant. It was submitted that the witnesses, who have stated that the trees were cut and stolen by applicant, are formal witnesses. Referring to facts of the matter, it was submitted that no prima-facie case is made out against the applicants. 4. Learned AGA has opposed the application and submitted that in view of allegations made in first information report and materials on record, a prima- facie case is made out against applicant. 5. I have considered the rival submissions and perused the record. Versus Counsel for Applicant(s) : Ramesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Bijendra Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. In this connection, a reference may also be made to the case of R. Kalyani vs. Janak C. Mehta and Others, 2009 (1) SCC 516, Rupan Deol Bajaj vs. K.P.S. Gill (1995) SCC (Cri) 1059, Rajesh Bajaj vs. State of NCT of Delhi, (1999) 3 SCC 259 and Medchl Chemicals & Pharma (P) Ltd vs. Biological E Ltd. & Ors, 2000 SCC (Cri) 615. It has been held that if a prima facie case is made out disclosing ingredients of the offence, court should not quash the charge sheet/complaint. It is equally well settled that at this stage questions of fact cannot be examined and a mini trial cannot be held. 7. In the instant matter the first information report has been lodged by the Area Lekhpal alleging that 32 eucalyptus trees were cut and stolen by applicant from public land. During investigation, several persons have made statement to the effect that it was applicant, who has cut and stolen said trees. 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. NA528 No. 29935 of 2025 2 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. Hence, the prayer sought above is hereby refused. 9. However, it is directed that in case applicant moves an application for discharge before the trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period of three weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicant, provided the applicant cooperates in early disposal of discharge application. 10. With the aforesaid observations, the application u/s 528 BNSS is disposed of. September 15, 2025 'SP'/- NA528 No. 29935 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad