HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26396 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Akhil Ranjan, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge sheet dated 17.2.2023, cognizance order dated 22.3.2023 and summoning order dated 29.4.2023 passed by learned Chief Judicial Magistrate, Gorakhpur as well as entire proceeding of Case no. 19537 of 2022 (State vs. Govind Chaudhary and others) arising out of Case Crime no. 343 of 2022 under sections 147, 504, 506, 427, 307 & 34 IPC, PS- Cantt. District Gorakhpur. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. Applicant neither demolished any shop of opposite party no. 2 nor was involved in the alleged offence. It is a no injury case and applicant was not present at the place of incident. No offence under sections 147, 504, 506, 427, 307 and 34 IPC is made out against the applicant, 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 applicant. The assertions of false Versus Counsel for Applicant(s) : Akhil Ranjan Counsel for Opposite Party(s) : G.A. Sunil Singh Alias Sunil Chaudhary .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. However, applicant will be at liberty to avail all other remedy available at law. October 13, 2025 Shaswat NA528 No. 26396 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad