Neutral Citation No. - 2025:AHC:70348 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11704 of 2025 Applicant :- Surendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Lalit Prakash Counsel for Opposite Party :- G.A.,Vinod Kumar Hon'ble Saurabh Srivastava,J. 1. Heard Sri Lalit Prakash, learned counsel for applicant, Sri Vinod Kumar, learned counsel for opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with the prayer to quash the cognizance/summoning order dated 05.12.2024 passed by learned Special Judge, POCSO Act/Additional Session Judge, Bareilly along with quash the proceeding of Special Criminal Case no. 415 of 2024, arising out of Case Crime no. 168 of 2023, under sections 294, 341, 354, 354(ka), 452, 504, 506 IPC & Section 9L/10 POCSO Act, Police Station Shergarh, District Bareilly. 3. Learned counsel for applicant submitted that FIR has been lodged by informant against applicant and one unknown person alleging therein that applicant is imperious person and on dated 16.08.2023 when informant was not present at his home, applicant, entered his home and molested with daughters of informant and on raising objection, he hurled abuses and ran away. After recording statements of informant, victims and other witnesses and concluding the investigation, charge sheet has been submitted against the applicant whereupon cognizance/summoning order dated 05.12.2024 has been passed against the applicant by learned court concerned which has been challenged through instant application. 4. It is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. In fact, informant, himself is imperious person and he has illegally encroached a Government pond against which applicant raised objection, hence informant created false story and lodged the present FIR which is liable to be quashed along with entire proceeding impugned herein. 5. Per contra, Sri Vinod Kumar, learned counsel for opposite party no. 2 and learned AGA for State vehemently opposed the prayer sought through the instant application and submitted that from perusal of entire material on records, offence is made out against the applicant. 6. Learned counsel for the applicant has been specifically queried during course of arguments, that whether the appearance of the applicant has been put before learned court concerned or not, he suggested that the instant matter may be decided on merits. 7. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that the allegation which has been narrated at the time of lodging FIR has been corroborated with the statements recorded by victims who are four in numbers and all of them have narrated the same statement which is having no contradiction in pursuance to the narration of the FIR whereupon charge sheet has been preferred and applicant has been summoned under sections 294, 341, 354, 354(ka), 452, 504, 506 IPC & Section 9L/10 POCSO Act. 8. From perusal of documents available in the record, there is hardly any merit in the matter which enlarge the jurisdiction under Section 528 BNSS for seeking quashing of the charge sheet along with cognizance/summoning order dated 05.12.2024. 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. 9. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. Order Date :- 1.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad