Neutral Citation No. - 2025:AHC:40731 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 8818 of 2025 Applicant :- Mahesh Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivam Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the record. 2. The present application, filed under Section 528 of the BNSS, seeks quashing/stay of the charge sheet no. 02/2024 dated 30.11.2024 and all its consequential proceedings in Case Crime no. 0485/2024 under Section 354(B) IPC and under Sections 9M/10 of POCSO Act, PS- Modi Nagar, District - Ghaziabad pending in the court of learned Special Judge, POCSO Act, Ghaziabad (State vs. Mahesh Prasad), Case No. 46/2025. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. Applicant is the father- in-law of opposite party no. 2 who lodged present FIR bearing Case Crime no. 0485 of 2024 alleging therein that applicant molested daughter of opposite party no. 2. 4. It is argued by learned counsel for applicant that the instant FIR has been lodged against applicant just to create pressure upon applicant and his family members to withdraw the proceedings of Case Crime no. 1777/2021 which has been earlier lodged by wife of applicant against opposite party no. 2 and her family members regarding offence committed by them under Section 306 and 506 IPC. The learned trial court has taken cognizance on the impugned charge-sheet without application of judicial mind, and thereafter, erroneously summoned the applicant, which is vitiated under law. 5. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant application. 6. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, including the FIR, statements of the complainant and victim recorded under Section 161 and 164 Cr.P.C., it is observed that prima facie 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. 7. 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. 8. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. Order Date :- 19.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad