Neutral Citation No. - 2025:AHC:36922 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7376 of 2025 Applicant :- Sarvesh Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- J Shubham,Jitendra Kumar Mishra 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 instant application under Section 482 Cr.P.C. has been preferred with the prayer to quash the charge sheet dated 23.09.2022 and the cognizance/summoning order dated 24.11.2023, as well as the entire criminal proceedings of Case No. 6977 of 2022 titled State v. Raju @ Irshad Khan and others, arising out of Case Crime No. 293 of 2022, under Sections 3/4 of the Public Gambling Act, Police Station Farrukhabad Kotwali, District Farrukhabad. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. It is contended that the applicant was not arrested on the spot and his name surfaced solely on the confessional statement of the co-accused, Raju @ Irshad Khan, which was made due to old enmity arising from village party-bandi. It is further argued that there are no independent witnesses to support the alleged incident and that the charge sheet has been filed without conducting a proper and fair investigation. The learned Magistrate has taken cognizance on the charge sheet in a mechanical manner without application of judicial mind. Learned counsel, therefore, submits that the continuation of the proceedings would be an abuse of the process of the court. 4. Per contra, learned A.G.A. has vehemently opposed the application and submits that the charge sheet has been filed on the basis of material evidence collected during the investigation. It is contended that sufficient prima facie evidence exists against the applicant to proceed with the trial, and therefore, no interference is warranted in the exercise of inherent jurisdiction under Section 482 Cr.P.C. 5. Having considered the submissions advanced by learned counsel for the applicant and learned A.G.A., as well as perusing the material on record, it is evident that the contentions raised by the applicant pertain to factual aspects that are subject to evaluation during the course of trial. The power under Section 482 Cr.P.C. is to be exercised sparingly and with caution to prevent abuse of the process of law or to secure the ends of justice. No case for quashing the proceedings is made out at this stage. 6. In view of the above, the application is devoid of merit and is accordingly dismissed. Order Date :- 12.3.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad