Neutral Citation No. - 2025:AHC:74669 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14808 of 2025 Applicant :- Manish Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Rajiv Dwivedi, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with the prayer to quash proceeding of Criminal Case no. 1449 of 2025, (State vs. Manish Kumar) under sections 504, 506, 505(2), 171(ga), 171(cha), IPC and 66 IT Act and 125 Representation of People Act, PS- Karwi Kotwali Nagar, District Chitrakoot, pending in court of learned Chief Judicial Magistrate, Chitrakoot and quash the cognizance order dated 11.3.2025 passed by learned Chief Judicial Magistrate, Chitrakoot in Criminal Case no. 1449 of 2025 and charge sheet dated 20.01.2025. 3. It is submitted by learned counsel for applicant that FIR has been lodged against unknown persons by complainant namely Shakti Pratap Singh Tomar (opposite party no. 2) alleging therein that complainant is the representative of Ex-M.P. Shri R.K. Singh Patel who at present time is contesting the election of Banda Lok Sabha Constituency but some unsocial elements by way of creating fake ID over Facebook page, are posting caste indicative and abusive messages which is defaming the dignity of Sri R.K.Patel. During course of investigation, name of applicant surfaced as one of the active subscriber of alleged profile/fan page over Facebook. After conclusion of investigation, charge sheet has been submitted before learned court concerned whereupon cognizance has been taken up vide order dated 11.03.2025 which has been challenged through instant application. 4. It is contended by learned counsel for applicant that applicant is innocent and he has not committed any offence as mentioned by opposite party no. 2. He has been falsely implicated in present case. Neither the specific profile is run in ID of applicant, nor any message has been sent by the applicant. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application and supported the entire proceeding. 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 witnesses recorded under Section 161 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. Entire argument whatsoever has been raised by learned counsel for applicant is also subject matter of fine scrutiny of statements and evidences which has to be dealt by only learned trial court. 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. However, applicant is at liberty to avail whatever other remedies available at law. Order Date :- 7.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad