Neutral Citation No. - 2025:AHC:102365 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20273 of 2025 Applicant :- Satyaveer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Sharma 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 entire criminal proceedings of Case no. 180 of 2021 (Old Case no. 251 of 2018, Computerize no. 877 of 2018) (State vs. Satyaveer) arising out of Case Crime no. 406 of 2017 under Section 3/7 Essential Commodities Act & 420 IPC, PS- Soron, District Kanshiram Nagar (Kasganj) pending in court of Additional Chief Judicial Magistrate, Kasganj and charge-sheet dated 10.11.2017 & cognizance order as well as summoning order dated 18.04.2018 passed by Additional Chief Judicial Magistrate, Kasganj. 3. Learned counsel for applicant submitted that present FIR has been lodged by opposite party no. 2/Supply Inspector alleging therein that at the time of inspection of petrol pump operated by applicant, pulsar of Midco of double nozzle petrol pump no.14 JL 0740 B was found tampered and thereafter the unit has been sealed. After conclusion of investigation, charge-sheet has been submitted whereupon cognizance order dated 18.04.2018 has been passed which has been put under challenge. 4. It is contended by learned counsel for applicant that no complaint has been made by public against the petrol pump of the applicant and there is no public witness of alleged recovery. There is no allegation of breaking of external or internal seal nor any allegation of short supply of petrol/diesel and suspicion has been made that pulsar has to be seen as tampered. There is delay of 28 days in lodging FIR hence the entire proceeding is liable to be set aside. 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, statements of the complainant and other witnesses and the test report, 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 disposed of. However, applicant is at liberty to avail whatever other remedies available at law. Order Date :- 1.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad