Neutral Citation No. - 2025:AHC:57165 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12436 of 2025 Applicant :- Khushnood Alias Rabsanad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Firoz Haider Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Mr. Firoz Haider, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with the prayer to quash the order dated 09.06.2023 passed by learned Additional Chief Judicial Magistrate, Court no. 1, Moradabad in Case no. 19867 of 2021 bearing CNR no. UPMO040257032021 (State vs. Mohd. Mashkoor & others) arising out of Case Crime no. 122/2021, under sections 147, 341, 332, 353, 427 IPC & 3 Prevention of Damage to Public Property Act, PS- Pakbada, District Moradabad only up to extent of dismissal of discharge application under sections 147, 341, 332, 353, 353, 427 IPC & 3 Prevention of Damage to Public Property Act. 3. Brief facts of the case as narrated by learned counsel for applicants is that, FIR has been lodged against applicants and 15- 20 unknown persons by opposite party no.2/Head Constable alleging therein that on dated 14.04.2021 when concerned police reached at a spot on the information of accident, some persons came in front of vehicle of police and started abusing and damaged the vehicle of police. After conclusion of investigation, Investigating Officer submitted charge sheet against applicants and other co-accused persons whereupon, learned Chief Judicial Magistrate, Moradabad vide order dated 25.08.2021 took cognizance and summoned the applicants. 4. Applicants preferred discharge application dated 06.06.2023 under Section 239 Cr.P.C. before learned court concerned for discharging them from the charges levelled against them. Thereafter, learned court of Additional Chief Judicial Magistrate, Court no. 1, Moradabad vide order dated 09.06.2023, only discharged the applicants from Section 4 Prevention of Damage to Public Property Act but rejected the discharge application under sections 147, 341, 332, 353, 427 IPC and 3 Prevention of Damage to Public Property Act which has been challenged through the instant application. 5. It is contended by learned counsel for the applicants that applicants have been falsely implicated due to village politics. Learned court below has not considered the grounds and facts of the discharge application filed by the applicants and rejected the same illegally. No offence under sections 147, 341, 332, 353, 427 IPC & 3 Prevention of Damage to Public Property Act has been made out against the applicants. 6. Per contra, learned AGA for the State vehemently opposed the prayer sought through the instant application and supported the orders impugned. 7. On perusal of materials on record and impugned order dated 09.06.2023, this Court finds that learned court concerned rightly observed that however no evidence is available which would go to show that offence under Section 4 of Prevention of Damage to Public Property Act has been committed by the applicants. However, prima facie sufficient evidence is available indicating that offence under sections 147, 341, 332, 353, 427 IPC & 3 Prevention of Damage to Public Property Act has been made out against the applicants. Hence, no illegality is found in order dated 09.06.2023. 8. 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 :- 16.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad