HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1577 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard the learned counsel for the applicant, the learned A.G.A. and perused the record. 2. Present petition under Section 528 B.N.S.S has been filed seeking quashing of the impugned Charge sheet dated 17.01.2025 arising out of Case Crime No.0210 of 2024, under Sections 406, 420 I.P.C, Police Station Alambagh, District Lucknow in Criminal Case No. 64890 of 2025 (State Vs. Mohd. Israr and others) as well as the summoning order dated 05.07.2025 pending in the court of learned Judicial Magistrate-III, Lucknow. 3. Learned A.G.A. has opposed the aforesaid prayer and has submitted that while exercising the jurisdiction under Section 528 B.N.S.S this Court cannot go into the correctness of the allegations made against the applicant and has only to examine whether on the basis of the allegations made and material collected during investigation, the offences are made out against the applicant or not. 4. The Hon'ble Supreme Court in C.B.I. v. Aryan Singh, 2023 SCC Online SC 379 has held that while exercising the powers under Section 528 B.N.S.S, the Court is not required to conduct a mini trial. It does not require the prosecution/investigating agency to prove the allegations. While exercising the powers under Section 528 of the B.N.S.S the Court has very limited jurisdiction and is required to consider "whether any sufficient material available to proceed further against the accused for which the accused is required to be tried or not". 5. Confronted with the aforesaid objection, the learned counsel for the applicant submits that he does not want to press this application on merit Versus Counsel for Applicant(s) : Jay Kumar Soni Counsel for Opposite Party(s) : G.A. Gaus Mohammad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) and he confines his prayer only to the extent that applicant may be permitted to surrender and move an application, before the court concerned seeking bail and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law. 6. Accordingly, the instant application is disposed of by observing that in case the applicant appears and files an application for his release on bail, the same shall be considered and decided expeditiously in accordance with law, including the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. C.B.I., (2022) 10 SCC 51. October 28, 2025 DiVYa NA528 No. 1577 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench