HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23272 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 the proceeding of Case no. 2512 of 2024 arising out of Case Crime no. 306/2023 under sections 452, 504, 506 IPC, PS- Kotwali Katra, District Mirzapur, charge sheet dated 22.11.2025 as well as cognizance order dated 15.2.2024 passed by learned Chief Judicial Magistrate, Mirzapur. 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. Charge-sheet has been filed against applicant in a very casual manner only to create pressure upon him. Applicant has no criminal history to his credit, 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 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 and as such prayer Versus Counsel for Applicant(s) : Ajay Kumar Shukla Counsel for Opposite Party(s) : G.A. Sunil Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) seeking quashing of entire proceeding through instant application is refused. 6. Lastly, it has been submitted by learned counsel for applicant that applicant be granted some time to appear before learned court concerned in pursuance to cognizance order dated 15.2.2024. 7. Considering the said prayer of learned counsel for applicant, applicant is directed to appear before learned court concerned within 30 days from today in pursuance to cognizance order dated 15.2.2024 and avail all other remedy available at law. Till 30 days from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid stipulated 30 days, learned court concerned is directed to proceed as per law. 8. The application u/s 528 BNSS stands disposed of. October 14, 2025 Shaswat NA528 No. 23272 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad