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2025 DAILYLAW 52936 (ALL)

PRADEEP SINGH v. STATE OF U.P. AND ANOTHER

NA528/20368/2025 · 2025-07-08

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109375 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20368 of 2025 Applicant :- Pradeep Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the entire criminal proceeding of Session Trial no. 241 of 2015 (State of U.P. vs. Deepak Sigh and others) arising out of Case Crime no. 489 of 2015 under sections 147, 148, 307/149, 34, 386/149, 120B, 506, 504, 427 IPC, PS- Chirraiyakot, District Mau pending in court of learned Additional Sessions Judge/F.T.C.-Second, Mau, charge-sheet dated 17.06.2015 and cognizance order as well as summoning order dated 13.07.2015 passed by Judicial Magistrate, Court no. 2, Mau and order of framing of charge dated 16.03.2019 passed by Additional Sessions Judge/F.T.C.-First, Mau. 3. While assailing the entire proceeding along with charge-sheet and cognizance order, it is contended by learned counsel for applicant that applicant has not been named in the FIR. His name surfaced in statement of informant. Applicant has been falsely implicated in present case with ulterior motive. It is also submitted that it is no injury case. Only general role has been assigned against the applicant. The Investigating Officer without applying his mind submitted charge-sheet against the applicant which is liable to be quashed and set aside. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 5. 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, it is observed that 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. In proceeding under Section 528 BNSS this Court is not inclined to hold a mini-trial. 6. 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. Moreover, charges have already been framed against applicant vide impugned order dated 16.03.2019 and as such in the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS. 7. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. Order Date :- 9.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad