Neutral Citation No. - 2025:AHC:75198 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16240 of 2025 Applicant :- Adil Alias Mayank Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Firoz Khan Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash impugned order dated 04.12.2019 passed by learned Chief Judicial Magistrate, Ghaziabad, impugned charge sheet dated 3.12.2019 as well as further proceeding of Case no. 46464 of 2019 (State vs. Mayank Sharma @ Adil & others) under sections 420, 406 IPC and 66D of I.T. Act arising out of Case Crime no. 1894 of 2019, PS- Kavi Nagar, District Ghaziabad pending in court of learned Chief Judicial Magistrate, Ghaziabad. 3. Learned counsel for applicants submitted that opposite party no. 2 lodged FIR against one Mayank Sharma, Rajendra Kumar Bhardwaj and Pradeep Kumar regarding the offence of cheating and criminal breach of trust. It is alleged that the informant was made to deposit Rs.92,46,359/- for the purpose of withdrawing the commission of policies. The aforesaid amount was deposited in number of bank accounts details whereof are given in the FIR. After conclusion of investigation charge-sheet has been submitted whereupon cognizance has been taken up vide order dated 04.12.2019 which has been challenged through instant application. 4. It is contended by learned counsel for applicants that applicants are not named in the FIR and they have nothing to do with the siphoning of money of opposite party no. 2 but it is the concerned police of Station Kavi Nagar, Ghaziabad who implicated the applicants in this case after 4-5 days of incident adding alias name of applicants. From perusal of entire records, it is apparent that there is no credible evidence against the applicants which may constitute offence under sections 420, 406 IPC and 66D of I.T. Act therefore entire proceeding including charge-sheet as well as summoning order is without any basis and is liable to be quashed. For substantiating his arguments, learned counsel for applicants relied upon judgment rendered by Hon'ble Apex Court in case of Delhi Race Club (1940) Ltd. & others vs. State of U.P. & another reported in 2024 0 Supreme (SC) 689. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that entire argument whatsoever has been raised by learned counsel for the applicants is subject matter of fine scrutiny of statements and evidences which has to be dealt by only learned trial court. 7. Learned counsel for applicant relied upon judgment rendered by Hon'ble Apex Court in case of Delhi Race Club (supra) wherein, it has been held that Sections 406 and 420 IPC cannot be jointly tried by learned concerned court and the proceeding of trial cannot be initiated. The instant matter is little bit different with the facts of the case of Delhi Race Club(supra) since the alleged offence has still to be tried by learned concerned court wherein final investigation report has not been submitted by concerned Investigating Officer and the same is still pending and the matter relates to involvement of several other accused against whom the charge-sheet is still pending. The corresponding section in which the applicants have been implicated is Section 406, 420 IPC along with 66D of I.T. Act and the implication of the Section 66D of I.T. Act has not been considered by Hon'ble Apex Court while rendering judgment in case of Delhi Race Club (supra) hence the said judgment is not applicable in the instant matter. 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 :- 8.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad