HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26478 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash entire criminal proceeding of Criminal Case no. 15313/2024 (old no. 5313/2019) (State vs. Satish and others) arising out of charge sheet dated 31.3.2019 in Case Crime no. 0751/2018 under sections 420, 467, 468, 471, 120B, 506 IPC against the applicants, PS- Kotwali Dehat, District Saharanpur as well as summoning order dated 21.6.2019 passed by learned Chief Judicial Magistrate, Saharanpur in Case no. 15313/2024. 3. While assailing entire proceeding in shape of charge sheet and summoning order, it is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. From perusal of entire record, it is clearly reflected that the informant/opposite party no. 2 has made vague and unsubstantiated allegations against the applicants. If the version of FIR and statement of informant is taken to its face value, no offence is made out against the applicants under sections 420, 467, 468, 471, 120-B, 506 IPC, 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 FIR, statements of witnesses and complainint, it is observed that prima facie it cannot be said that no offence is made out Versus Counsel for Applicant(s) : Ayyaz Khan, Vivek Kumar Shukla Counsel for Opposite Party(s) : G.A. Satish And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 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. 8. However, lastly it has been submitted by learned counsel for applicant that applicant no. 1 is suffering from Cancer and is undergoing treatment for the same, so he may be granted some respite. 9. Considering the medical condition of applicant no. 1 namely Satish as stated by learned counsel for applicants, only applicant no. 1 is hereby directed to appear before learned court concerned through counsel. October 13, 2025 Shaswat NA528 No. 26478 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad