Jitendra Alias Arun Kumar and 5 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:56316

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 11556 of 2025

Applicant :- Jitendra Alias Arun Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Kumar Mishra,Umakant Chaudhary Counsel for Opposite Party :- G.A.

¶5

Hon'ble Raj Beer Singh,J.

¶6

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶7

This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including summoning order dated 24.02.2025, of Complaint Case No.23540 of 2024 (Shila Devi Vs. Jitendra @ Arun and Others), under Sections 64, 115(2), 117(2), 333, 351(3), 352 B.N.S., Police Station- Ramkola, DistrictKushinagar, pending before the Court of Civil Judge (J.D.)/Judicial Magistrate, Kushinagar.

¶8

It has been submitted by learned counsel for the applicants that the impugned complaint has been lodged by the opposite party no.2, making false and baseless allegations. It was stated that the injuries shown to injured persons are false. The alleged incident of assault has been shown of 14.08.2024 but the X-ray report of one of the injured has been shown of 22.08.2024. It was stated that on 18.08.2024 both the parties were challaned under Section 170/126/135 BNSS but at that time no report was lodged. Referring to facts of the matter, it was submitted that impugned complaint was lodged making false allegations and no prima-facie

¶9

case is made out against the applicants.

¶10

Learned A.G.A. has opposed the application and submitted that in view of allegations made in the complaint and statement of complainant recorded under Section 200 Cr.P.C. and of witnesses recorded under Section 202 Cr.P.C., a prima-facie case is made out against the applicants.

¶11

I have considered the rival submissions and perused the record.

¶12

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.

¶13

In the instant matter, perusal of record shows that the opposite no.2 has lodged impugned complaint making allegations that on account of previous dispute, on 13.08.2024 at about 11:00 P.M. applicant no.1 Jitendra @ Arun Kumar trespassed into her house and molested her. Hearing her noise, mother-in-law and son of complainant came there but they were also assaulted. On 14.08.2024 at about 07:00 P.M. all the applicants came at her house and abused and assaulted the complainant and her mother-

¶14

in-law and resultantly her mother-in-law has sustained fracture. It appears that version of complainant is supported by injury reports of injured persons. The complainant has supported her version under Section 200 Cr.P.C. The version of complainant is further supported by statement of witnesses examined under Section 202 Cr.P.C. In view of material on record, it can not be said that no prima-facie case is made out. The submissions raised by learned counsel for the applicants 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.

¶15

After considering arguments raised by learned counsel for the parties and perusing the impugned complaint and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 528 BNSS. No case for quashing of proceedings is made out. Hence, the present application under Section 528 BNSS is liable to be dismissed.

¶16

Accordingly, the application u/s 528 BNSS is hereby dismissed . Order Date :- 17.4.2025 'SP'/-

¶17

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Jitendra Alias Arun Kumar and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jitendra Alias Arun Kumar and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases