Neutral Citation No. - 2025:AHC:109343 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20429 of 2025 Applicant :- Ramsurat Pal Opposite Party :- State of U.P. Counsel for Applicant :- Nimesh Kumar Shukla,Vinod Kumar Tirpathi 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 proceeding of Criminal Case no. 70213 of 2024 arising out of Case Crime no. 135 of 2022 (State of U.P. vs. Deena Nath and others) under sections 419, 420, 467, 468, 471, 272, 273 IPC & Section 60 Excise Act, PS- Gopiganj, District Bhadohi as well as charge-sheet dated 04.02.2023 and cognizance order dated 18.09.2024. 3. Learned counsel for applicant while assailing the entire proceeding initiated against the applicant, contended that applicant has been falsely implicated in the present case. Present FIR has been lodged against 6 persons including applicant alleging therein that 30-30 litres of liquor in plastic Can has been recovered from possession of applicant and other co-accused persons. It is submitted that there is no public witness of alleged incident. Nothing has been recovered from pointing out of applicant. During investigation, Investigating Officer has not succeeded to collect any credible evidence against applicant, hence the entire proceeding is liable to be quashed. 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, including the FIR, statement of the complainant recorded under Section 161 Cr.P.C., 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.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. 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. However, applicant is at liberty to avail whatever other remedies available at law. Order Date :- 9.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad