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2025 DAILYLAW 190756 (ALL)

RAM SWAROOP AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/26471/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26471 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Om Prakash Singh, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash the proceeding of Case no. 4936 of 2023 arising out of charge sheet no. 2 dated 24.8.2023 as well as cognizance order dated 22.12.2023 in Case Crime no. 0084 of 2022 under sections 323, 504, 506, 452 IPC, PS- Uldan, District Jhansi. 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. During investigation, statements of independent witnesses have been recorded which is contrary to the version of FIR, 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 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. In proceeding u/s 528 BNSS, this Court is not inclined to hold mini-trial. Versus Counsel for Applicant(s) : Om Prakash Singh Counsel for Opposite Party(s) : G.A. Ram Swaroop And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 26471 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad