HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26590 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Mukul Kumar, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge- sheet dated 5.6.2021 and cognizance/summoning order dated 19.1.2023 passed by learned Additional Chief Judicial Magistrate, Court no. 8, Prayagraj as well as entire proceeding of Criminal Case no. 65 of 2023 arising out of Case Crime no. 474 of 2020 (State vs. Ram Singh and others) under sections 147, 149, 323, 504, 506 IPC, PS- Utraon, District Prayagraj. 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 is innocent, he has not committed manhandling with opposite party no. 2. There is delay in lodging the present FIR which has not been satisfactorily explained. Applicant has no other criminal history credited in his favour, hence the entire proceeding is liable to be set aside. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. Upon perusal of the record including the FIR, statement of complainant as well as injury report of injured/opposite party no. 2, it transpires that some hard and blunt object has been used for causing injury to opposite party no. 2 which indicates that prima facie it cannot be said that no offence is made out Versus Counsel for Applicant(s) : Mukul Kumar Counsel for Opposite Party(s) : G.A. Anand Rao .....Applicant(s) State of U.P. and Another .....Opposite Party(s) against the applicant. 6. The assertions of 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. 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 14, 2025 Shaswat NA528 No. 26590 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad