HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20844 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Siddharth Srivastava, learned counsel for applicant, Sri Krishna Shankar, learned counsel for opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with prayer to quash the summoning order dated 4.9.2024 passed by learned Chief Judicial Magistrate, Auraiya, as well as entire proceeding of Case Crime no. 480 of 2022 under sections 323, 504, 506 IPC, PS- Auraiya, District Auraiya. 3. While assailing entire proceeding in shape of summoning order, it is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. The instant FIR is nothing but outcome of vengeance, as the real brother of informant lodged an FIR against one Shalu and applicant is counsel for Shalu as such present case has been lodged. There is contradiction in timing of the incident. Present proceeding has been initiated against the applicant only with ulterior motive, hence the entire proceeding is liable to be set aside. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, it is observed that prima facie it cannot be said that no offence is made out against the applicant. The assertions of false implication raised by the applicant are factual issues that requires proper Versus Counsel for Applicant(s) : Rajnish Kumar Srivastava, Siddharth Srivastava Counsel for Opposite Party(s) : G.A., Krishna Shankar, Ravi Kant Vikram Mhd Hashim Vakeel @ Mhd Hashim .....Applicant(s) State of U.P. and Another .....Opposite Party(s) adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 528 BNSS. In proceeding u/s 528 BNSS, this Court is not inclined to hold 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. 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. October 7, 2025 Shaswat NA528 No. 20844 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad