Neutral Citation No. - 2025:AHC:112642 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22583 of 2025 Applicant :- Akram Farukhi Alias Chunmun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Rajeev Upadhyay, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge-sheet dated 06.05.2025, cognizance/summoning order dated 07.05.2025 and entire proceeding of S.S.T. no. 168 of 2025 (State vs. Shivam and others) arising out of Case Crime no. 11 of 2025 under sections 310(2), 317(3), 61(2) BNS & under Section 3/25 Arms Act, PS- Rajepur, District Farrukhabad pending in court of learned Additional Session Judge, Court no. 3/Special Judge (D.A.A.), Farrukhabad. 3. While assailing the charge-sheet along with entire proceeding of Case Crime no. 11 of 2025, learned counsel for applicant submitted that applicant is not named in the FIR which has been registered at the behest of informant for alleged offence of theft committed against him. Applicant's name surfaced in the statement of co-accused persons. During arrest of applicant, a country made pistol along with Rs. 270/- has been recovered from possession of applicant. It is submitted that there is no independent witness of alleged recovery. There is no other credible evidence with regard to aforesaid crime against the applicant, except confessional statement of co-accused person yet learned concerned court took cognizance vide order dated 07.05.2025 which is liable to be quashed and 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, including the FIR, statements of the complainant and co-accused, 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. 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 disposed of. However, applicant will be at liberty to avail all the other legal remedies available at law. Order Date :- 14.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad