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2025 DAILYLAW 172536 (ALL)

RAMPAL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/25517/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25517 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri R.K.Yadav, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge- sheet dated 18.2.2024, cognizance/summoning order dated 24.12.2024 passed by learned Judicial Magistrate, Moradabad against the applicants and the entire criminal proceeding of Criminal Case no. 62936 of 2024 (State vs. Rampal and others) arising out of Case Crime no. 56 of 2024 under sections 323, 504, 506 IPC, PS- Bilari, District Moradabad. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. It is counter-blast case lodged at the behest of opposite party no. 2/informant. Only simple injuries have been sustained by the informant. No offence under sections 323, 504, 506 IPC is made out against the applicants, hence the entire proceeding is liable to be set aside. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, it is observed that prima facie it cannot be said that no offence is made out against the applicants. The assertions of Versus Counsel for Applicant(s) : Dheeraj Vishwakarma, Rama Kant Yadav Counsel for Opposite Party(s) : G.A. Rampal And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) false implication raised by the applicant 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. In proceeding u/s 528 BNSS, this Court is not inclined to hold mini-trial. 6. 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. 7. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. October 28, 2025 Shaswat NA528 No. 25517 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad