Neutral Citation No. - 2025:AHC:55108 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12301 of 2025 Applicant :- Rishu Pandey @ Shantanu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Sunil Kumar Dwivedi, learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire criminal proceedings and impugned summoning/cognizance order dated 30.09.2024 passed by learned Judicial Magistrate, Auraiya in Case no. 409 of 2024 (State vs. Shiva Soni and others) and impugned police report dated 27.06.2024 submitted in the aforesaid case pursuant to case crime no. 0031 of 2024 under Section 3/5/8 of the Cow Slaughters Act and Section 11(1)(d) of the Prevention of Cruelty of Animal Act, PS- Airwa Katra, District Auraiya, pending in the court of learned Judicial Magistrate, Auraiya. 3. Learned counsel for applicants submitted that FIR has been lodged against the applicants at the instance of police authorities itself on dated 13.02.2024 with the allegation that the applicants along with other persons were involved in transporting animals for being slaughtered and as such the FIR has been registered at Case Crime no. 0031 of 2024 under Section 3/5/8 of Cow Slaughters Act and Section 11(1)(d) of Prevention of Cruelty to Animal Act, PS- Airwa Katra, District Auraiya. After conclusion of investigation, charge sheet has been submitted before court concerned whereupon vide order dated 30.09.2024 learned Judicial Magistrate, Auraiya took cognizance and summoned the applicants which impugned the present application. 4. It is contended by learned counsel for the applicants that instant FIR has been registered by the concerned police authorities only for the reason that applicants are active members of an organization and are leading a mission to restrict cow slaughter and since the police authorities were acting in connivance of the offenders of cow slaughter and their illegal income has been hampered by the action of the applicants therefore they lodged false FIR against the applicants. Applicants were arrested from a spot other than the spot of incident since they were travelling in different vehicle and nothing has been recovered from possession of the applicants. The learned Magistrate without applying his judicial mind, summoned the applicants. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition and supported the orders impugned. 6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, including the FIR, statements of the first informant, it is observed that prima facie offence is made out against the applicants. The assertions of false implication raised by the applicants 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 :- 15.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad