HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29865 of 2025 Court No. - 71 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 25.02.2025 as well as cognizance / summoning order dated 27.05.2025, of Criminal Case No. 4986 of 2025 (State Vs. Saurabh Mishra and Others), arising out of Case Crime No. 301 of 2024, under Sections - 115(2). 352, 351(2), 110 B.N.S., Police Station - Dadri, District - Gautam Buddh Nagar, pending before the court of Additional Chief Judicial Magistrate-Ist, Gautam Buddh Nagar. 3. It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. In the first information report, alleged incident has been shown near Dabra Gava but in the medical examination report of injured Tushar, it has been mentioned as per alleged assault history that he has sustained injuries near his home and thus, the alleged spot of incident is doubtful. It was submitted that informant and his companions falsely implicate innocent persons, who come to Noida from long distance for doing private jobs, in Versus Counsel for Applicant(s) : Ashok Kumar Upadhyay, Brajesh Kumar Chaturvedi, Yasharth Upadhyay Counsel for Opposite Party(s) : G.A. Saurabh Mishra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) order to extract money. During investigation the subsequent Investigating Officer has not conducted any investigation at all and charge sheet was submitted in a routine manner. The role of causing injury to the injured has been shown to co-accused Aaryan. Learned counsel has referred first information report and statements of witnesses and submitted that no prima facie case is made out and impugned proceedings are liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that applicant is named in the first information report and in view of material on record, 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 informant has lodged first information report alleging that on 11.07.2024 at about 11:30 AM - 12:00 noon, while his cousin Tushar Bhati along with his friend Deepak Bhati, was going to Village - Sadullapur, in the way near Dabra Gava, applicant-accused Saurabh, co-accused Aaryan and two unknown persons have got stopped his car and they abused and assaulted him with legs, fists and sticks. NA528 No. 29865 of 2025 2 Applicant and co-accused persons have forcibly dragged them out of car and hurled abuses and assaulted him. Co-accused Aryan has hit the injured (Tushar) with an iron rod at his head, resultantly he has sustained injuries. The prosecution version is supported by injured Tushar in his statement recorded under Section - 161 Cr.P.C.. The prosecution version is further supported by medical examination report of injured. In view of allegations made in the first information report and material collected during investigation, it cannot be said that no prima facie case 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. September 19, 2025 S Rawat NA528 No. 29865 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad