Neutral Citation No. - 2025:AHC:111736 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21143 of 2025 Applicant :- Waris Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Faizan Habeeb,Shahabuddin 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 the entire proceeding of Case no. 843 of 2024 (State vs. Deepak and others) arising out of Case Crime no. 05 of 2023 under Section 414 IPC and 3/25 Arms Act, PS- Jonseth, District Muzaffar Nagar, pending before learned Civil Judge (J.D.) Jonseth, Muzaffar Nagar as well as charge-sheet dated 12.02.2023 alongwith cognizance order dated 01.03.2023 passed by Judicial Magistrate, IInd, Muzaffar Nagar. 3. Learned counsel for applicant submitted that present FIR has been lodged by opposite party no. 2/concerned Sub-Inspector against applicant and 5 other co-accused persons over the allegation that accused persons are involved in selling of stolen batteries. After conclusion of investigation, charge-sheet has been submitted whereupon cognizance has been taken up vide impugned order dated 01.03.2023. 4. It is contended by learned counsel for applicant that applicant has been falsely implicated in the present case due to ulterior motive and he has no concern with the alleged incident. In fact, police has arrested the applicant from his house and implicated him in the present case which is clear from CCTV footage appended as Annexure no. 7 to the instant affidavit. Applicant has no criminal history to his credit. Entire criminal proceeding against the applicant is abuse of process of law and is liable to be quashed. 5. 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 recorded under Section 161 Cr.P.C., it is observed that at this stage it cannot be said that no offence is made out against the applicant. Entire argument raised by learned counsel for applicant are amenable before learned trial court itself. In proceeding u/s 528 BNSS, this Court is not inclined to hold mini-trial at this stage and as such prayer sought through instant application cannot be acceded. 6. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. Order Date :- 10.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad