HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32326 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present 528 B.N.S.S. application has been filed to quash the entire proceeding of Case No. 346 of 2025 (State Vs. Harikush Tiwari and others) arising out of Case Crime No. 467/2023, under Sections 323, 504 and 506 I.P.C., Police Station- Sarai Akil, District- Kaushambi, pending before the court of Additional Civil Judge (S.D.), Kaushambi as well as the impugned cognizance/summoning order dated 11.7.2025, passed by the learned Additional Civil Judge (S.D.), Kaushambi, in the aforesaid case. 3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. Instant first information report has been lodged with malicious intention only to harass the applicant. Applicants' side has also lodged first information report against the opposite party no. 2. Applicants' side has received grievous injuries and lodged first information report as Case Crime No. 466 of 2025, under Sections 147, 148, 149, 323, 504, 506, 307, 308, 394 IPC. Present first information report lodged by opposite party no. 2 is in counterblast of the said first information report only to harass the applicants. Prosecution story narrated in the first information report is abuse of process of Court. 4. Per contra, learned A.G.A. vehemently opposed the submissions raised by applicants' counsel and submits that submissions raised by learned counsel for the applicants are disputed questions of facts, which cannot be adjudicated at this stage by this Court in exercise of power under Section Versus Counsel for Applicant(s) : Brijesh Narain Mishra, Mani Shankar Counsel for Opposite Party(s) : G.A. Harikush Tiwari And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 528 BNSS. Further, both the parties have lodged first information reports against each others and received injuries. Proceeding initiated by applicants' side against the opposite party no. 2 is going on. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From the record, it is apparent that both the parties have lodged first information reports against each others and received injuries and evidence collected by the I.O. disclose offence against the applicants. 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 & Anr. 2023 LiveLaw (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 B.N.S.S. application of applicants, is hereby dismissed NA528 No. 32326 of 2025 2 with the aforesaid observation. 8. However, if the applicants surrender before the concerned court within three weeks from today and apply for bail, their bail applications shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 9. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. September 26, 2025 Aditya NA528 No. 32326 of 2025 3 (Deepak Verma,J.) Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad