Neutral Citation No. - 2025:AHC:74961 Court No. - 74 Case :- APPLICATION U/S 482 No. - 44755 of 2024 Applicant :- Sunil Kumar Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri R.K.Pandey, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash the Criminal Case no. 2332 of 2023 arising out of Case Crime no. 013 of 2023 (State of U.P. vs. Sunil Kumar Sharma and others) and the charge sheet dated 09.09.2023 under section 120B, 379 IPC and 72A Information Technology Act and summoning order dated 01.12.2023 passed by learned Additional Chief Judicial Magistrate, Khurja, Bulandshahr, PS- Khurja Dehat, District Bulandshahr. 3. Learned counsel for applicants submitted that opposite party no. 2 who is Assistant Manager of a company namely Creamy Foods Ltd. lodged FIR against the applicants alleging therein that applicant no. 1 who earlier resigned from their company is stealing secrete information and data of purchasing milk and assessment of reckoner with help of applicant no. 2. Applicant no. 1 has joined another competitive company namely Anand Ltd. and is sharing the said data to that company. After conclusion of investigation, charge sheet has been submitted and cognizance has been taken up vide order dated 01.12.2023 which has been challenged through instant application. 4. It is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. Applicant no. 1 resigned from the company and the company of opposite party no. 2 has given no objection to the applicant no. 1 and all dues of applicant no. 1 was also given by the company after concluding enquiry about working of applicant no. 1. After perusal of entire facts and evidence collected by the Investigating Officer and proper scrutiny of the matter, prima facie no case is made out against the applicants. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application and supported the entire proceeding initiated against the applicants. 6. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, including the FIR, it is observed that prima facie offence is made out against the applicants. The assertions of false implication raised by the applicants are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 528 BNSS. Entire argument whatsoever has been raised by learned counsel for applicants is also subject matter of fine scrutiny of statements and evidences which has to be dealt by only learned trial court. 7. It is well settled that the inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS. 8. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. However, applicants are at liberty to avail whatever other remedies available at law. Order Date :- 8.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad