HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40727 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 528 BNSS application has been filed to quash the entire proceedings including the Summoning Order Dated 11.08.2017 passed in proceeding of Complaint Case No. 3952 of 2016 (Rajesh Vs. Ramashankar and others), against the applicant, Under Section 323, 504, 506 I.P.C. P.S. Badalapur, District Jaunpur, pending in the Court of Additional Chief Judicial Magistrate, 5th Jaunpur. 3. It is alleged in the complaint that opposite party no.2 initiated proceeding against the applicants. Vide order dated 11.08.2017 applicants were summoned by learned Magistrate. He further submits that on perusal of complaint and statement recorded U/s 200 and 202 Cr.P.C., prima facie, no offence is made out against the applicants and proceeding before trial court is liable to be set aside. All allegation in complaint is false and baseless and not supported by any evidence. No case under the alleged sections is made out. 4. Per contra, learned AGA opposed the submission of applicants' counsel and submitted that prima facie, offence under the alleged sections is made out against the applicants. He further submitted that submission raised by applicants' counsel, are disputed question of facts, which cannot Versus Counsel for Applicant(s) : Brijesh Kumar Prajapati, Maheshwari Prasad Srivastava, Surendra Kumar Singh Counsel for Opposite Party(s) : G.A. Ramashankar And 2 Others .....Applicant(s) State Of U.P. Through Its Secretry Home, Government Of U.P. At Lucknow And Another .....Opposite Party(s) be entertained at this stage. He next submits that the proceeding before trial court is in advance stage and witnesses are being examined U/s 244 Cr.P.C. 5. Considered the argument raised by applicants' counsel, Proceeding before trial court is posted for evidences and prosecution witnesses and prima facie, case is made out. The prayer for quashing the entire proceedings, cognizance/summoning order of the aforesaid case against the applicants is, hereby, refused. 6. However, if applicants move discharge application before the concerned court below at appropriate stage, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of six weeks from the date of filing of discharge application. 7. With the above directions, this 528 BNSS application is disposed of. September 23, 2026 Nitin Verma NA528 No. 40727 of 2026 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad