Neutral Citation No. - 2025:AHC:112606 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22617 of 2025 Applicant :- Abhishek Singh Alias Bade Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bijendra Kumar Tripathi,Lokesh Kumar Mishra 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 criminal proceeding as well as charge-sheet dated 28.04.2025, cognizance and summoning order dated 12.05.2025 passed by learned Additional Civil Judge (J.D.), New Court No. 10/Judicial Magistrate, Jaunpur in Case no. 208 of 2025 (State vs. Abhishek Singh alias Bade Singh) arising out of Case Crime no. 15 of 2025 under sections 109(1), added sections 61(2)(A), 3(5), BNS 7,9 & 25 Arms Act, PS- Chandwak, District Jaunpur with respect of the applicant. 3. It is submitted by learned counsel for applicant that FIR has been lodged by opposite party no. 2 alleging therein that applicant along with his other companions fired upon son of opposite party no. 2. After conclusion of investigation charge sheet has been submitted whereupon cognizance has been taken up vide impugned order dated 12.05.2025. 4. It is contended by learned counsel for applicant that there is contradiction in the statement of victim and complainant. Applicant has been falsely implicated in the present case. No role has been assigned to applicant. At the time of incident, applicant was not present at the place of incident. On the aforesaid grounds, entire proceeding is liable to be quashed and set aside. 5. Per contra, learned AGA vehemently opposed the prayer sought through the 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 injured and other witnesses, it is observed that 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. 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 dismissed. Order Date :- 14.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad