Neutral Citation No. - 2025:AHC:36934 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7483 of 2025 Applicant :- Soni Mishra Alias Sudhir Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvesh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 25.11.2024 and the cognizance/summoning order dated 01.02.2025, as well as the entire criminal proceedings of Case No. 8469 of 2025, titled State v. Soni Mishra, arising out of Case Crime No. 189 of 2024, registered under Section 13 of the Public Gambling Act and Section 112 of B.N.S., Police Station Rail Bazar, District Kanpur Nagar. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to malafide intention and extraneous considerations. It is contended that the brother of the applicant, being a freelance journalist, has consistently raised his voice against the unlawful activities of the police personnel of Rail Bazar Police Station, which has led to the applicant being maliciously framed. 4. It is further submitted that the applicant is a physically challenged person and, due to his disability, is not capable of running away as alleged by the prosecution. Despite this fact, the police have falsely mentioned the applicant's name in the FIR with the sole intention of harassment. The prosecution itself admits that the applicant was not apprehended on the spot. It is also argued that there are no independent witnesses to substantiate the allegations, and the charge sheet has been filed without conducting a fair, impartial, and thorough investigation. It is vehemently argued that the learned Magistrate has taken cognizance of the charge sheet in a mechanical manner, without applying judicial mind, thereby rendering the entire process arbitrary and unjust. Therefore, it is submitted that the continuation of the proceedings would amount to an abuse of the process of the Court. 5. Per contra, learned A.G.A. has strongly opposed the application and contends that the charge sheet has been submitted after a detailed investigation, based on credible material evidence collected during the inquiry. It is argued that, prima facie, there exists sufficient evidence against the applicant to warrant his trial, and therefore, no interference is justified under the inherent jurisdiction of Section 482 Cr.P.C. 6. Upon thoughtful consideration of the rival submissions advanced by learned counsel for the applicant and learned A.G.A., as well as a careful perusal of the entire record, it becomes evident that the issues raised by the applicant pertain to factual aspects that are required to be examined and adjudicated during the trial. The ingredient of section 13 of the Public Gambling Act read with section 112 of B.N.S. are prima-facie attracted qua the applicant in the given fact, and no incriminating material collected by the police during the investigation. 7. The inherent power under Section 482 Cr.P.C. is to be exercised with caution, circumspection, and only to prevent the abuse of the process of law or to secure the ends of justice. In the present case, no sufficient ground is made out for quashing the proceedings at this stage. 8. Accordingly, the application is devoid of merit and is hereby dismissed. Order Date :- 12.3.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad