HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29383 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants 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, including charge-sheet dated 13.05.2019 as well as cognizance / summoning order, of Case No. 125 of 2021 (State Vs. Ram Singh and others), arising out of Case Crime No.110 of 2019, under Sections 323, 504, 506, 325 IPC, P.S.- Karari, District- Kaushambi, pending in the court of Civil Judge (J.D.) / F.T.C.-Ist, Kaushambi. 3. It has been submitted by learned counsel for the applicants that applicants are innocent and no prima-facie case is made out against them. Initially, a non-cognizable report was lodged against applicants on 07.12.2018, however later on first information report of this case was registered on 01.04.2019. It was submitted that there is property related dispute between the parties and they have been falsely implicated due to that reason. The injuries shown to injured are wholly false and fictitious. Referring to facts of the matter, it was submitted that impugned proceedings are malicious and thus liable to be quashed. 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- Versus Counsel for Applicant(s) : Aun Haider Counsel for Opposite Party(s) : G.A. Ram Singh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) facie case is made out against applicants. 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. 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 it may be seen that applicants were granted bail on 18.02.2021 and since then they are appearing before the trial Court but the charge-sheet and summoning order are being challenged after four years. Perusal of record shows that charges have already been framed against applicants but the order of framing of charge has not been challenged. It is correct that no period of limitation is prescribed for filing an application under Section 528 BNSS but nevertheless such an application has to be filed within a reasonable time. In the instant matter charges have already been NA528 No. 29383 of 2025 2 framed and case is pending at the stage of evidence. Further, in the alleged incident one injured has sustained fracture. In view of allegations made in the first information report and material collected during investigation, it can not be said that no prima-facie case is made out against applicants. 8. In view of aforesaid, no case for quashing of impugned proceedings / charge-sheet / summoning order is made out. However, considering facts of the mater, the trial Court is directed to expedite the trial and to conclude the same as early as possible. 9. With aforesaid observations, the application u/s 528 BNSS is dismissed. September 17, 2025 'SP'/- NA528 No. 29383 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad