HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25506 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Atul Kumar Shahi, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge sheet dated 12.6.2022 as well as cognizance/summoning order dated 20.7.2022 along with entire criminal proceeding of Session Trial no. 500 of 2022 (State vs. Faizan and others) arising out of Case Crime no. 318 of 2022 under sections 147, 148, 149, 307, 352 & 452 of IPC, PS- Kotwali, District Mainpuri and all consequential proceedings thereon. 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. Opposite party no. 2 created forged medical report and lodged the present FIR. Present FIR is clear counter-blast of the incident dated 14.5.2022 wherein applicant no. 1 was assaulted by opposite party no. 2 and others and despite sustaining injuries, his complaint was not registered promptly, leading to filing of an application under Section 156(3) of Cr.P.C. on 24.5.2022 which was treated as a complaint case, culminated into summoning of opposite party and others, 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 Versus Counsel for Applicant(s) : Atul Kumar Shahi Counsel for Opposite Party(s) : G.A. Faizan And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 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, applicants will be at liberty to avail all other remedy available at law. October 28, 2025 Shaswat NA528 No. 25506 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad