Raheesh and 7 Others vs State of U.P. and Another

The present 528 BNSS application has been filed to quash the charge-sheet dated 10.10.2021, cognizance/summoning order dated 28.03.2022 as well as entire proceeding of Case No.1300 of 2023 (State vs. Rahees and others) arising out of Case Crime No.253 of 2021, under sections 147, 323, 504, 452, 506, 336, 324 I.P.C., Police Station Bela, District Auraiya, pending in the court of Civil Judge (Junior Division) Bidhuana, District Auraiya.

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Learned counsel for the applicants submits that both the parties lodged FIR against each other. Instant FIR lodged by opposite party no.2 with ulterior motive only to harass the applicants. Allegation alleged in the FIR is that on 10.09.2021 named accused persons came to the house of the informant and assaulted informant and other members as a result thereof they have received injuries. Injuries received by the injured is simple in nature. From perusal of FIR and other material evidence, no offence is made out against the applicants.

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Per contra, learned A.G.A. vehemently opposed the submission raised by applicants' counsel and submitted that contents of the FIR is supported by medical examination report. Injured has received grievous injury. Learned counsel for the informant next submits that submissions raised by learned counsel for the applicants are disputed question of facts, which cannot be examined at this stage.

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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 482 Cr.P.C. 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

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NA528 No. 6250 of 2025

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2

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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 482 Cr.P.C. 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.

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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 and another, 2023 Live Law (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.

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Considered the submission of both the parties. From perusal of FIR and other medical examination report, prima-facie offence is made out against the applicants. No interference is warranted. The present 528 B.N.S.S. application of applicants- Raheesh, Saheet Ali, Waheed Ali, Sulekha Bano @ Julekha, Raseed Ali, Anwar Ali, Sahababi & Mahendra Singh is hereby dismissed with the aforesaid observation.

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September 8, 2025 SKD

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(Deepak Verma,J.)

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Raheesh and 7 Others v. State of U.P. and Another

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