Neutral Citation No. - 2025:AHC:110558 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 15815 of 2025 Applicant :- Bholeshwar Nath T Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adarsh Bhushan,Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit preferred on behalf of applicant is taken on record. 2. Present application has been preferred with prayer to quash impugned summoning order dated 19.05.2023 passed in Criminal Case no. 26360 of 2023 (State vs. Bholeshwar Nath T Mishra) arising out of Case Crime no. 0036 of 2022 under Sections 66D Information Technology (Amendment) Act, 2008 and 471, 468, 467, 120-B, 420, 406 IPC, PS- Cyber Crime, District Gautam Budh Nagar against the applicant as well as impugned charge- sheet dated 26.11.2022 submitted by the Investigating Officer in aforesaid sections and further quash the entire criminal proceeding of Criminal Case no. 26360 of 2023. 3. Brief facts of the case is that, opposite party no. 2/informant lodged present FIR against unknown accused persons alleging therein that informant has invested a total amount of Rs. 1,84,70,000/- on a website and aforesaid amount was credited into 20 different bank accounts. It is further alleged that one lady namely Ms. Linda has cheated the informant and on her advice, informant has invested the aforesaid amount. Applicant is not named in the FIR. However, account numbers mentioned at serial nos. 19 and 20 in the FIR pertains to applicant. Main allegation against the applicant is that he has received Rs. 33,00,000/- from the informant in his bank account. After conclusion of investigation, charge-sheet has been submitted against the applicant whereupon cognizance has been taken up vide order dated 19.05.2023 which has been challenged through instant application. 4. It is contended by learned counsel for applicant that applicant has no concern with the online trading scheme introduced by Ms. Linda to the informant. Applicant has also lodged FIR on dated 04.07.2024 against unknown persons alleging that he himself is a victim of cyber fraud committed by one lady Linda who promised the applicant to invest in her company and guaranteed huge returns and as such entire proceeding initiated against the applicant is liable to be quashed. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 6. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, including the FIR, it is observed that merely taking the plea that applicant is himself victim of said crime cannot be the basis for quashing the entire proceeding. The allegation of cheating levelled against the applicant and other co-accused persons is subject matter for consideration at the stage of trial only. In proceeding under Section 528 BNSS this Court is not inclined to hold a mini-trial. 7. Moreover, 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. 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 :- 9.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad