HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22849 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the charge- sheet dated 9.4.2025 and cognizance/summoning order dated 7.5.2025 under sections 308(2), 351(2) BNS arising out of Case Crime no. 399 of 2024, PS- Barra, District Kanpur Nagar pending before learned court of Chief Judicial Magistrate, Kanpur Nagar. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. Applicant has not demanded any extortion money from opposite party no. 2. As per the allegations, the alleged incident has taken place about 2.5. months ago but the delay in lodging FIR has not been satisfactorily explained. There is no independent witness of alleged incident, hence the entire proceeding is liable to be 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, it is observed that prima facie it cannot be said that no 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 Versus Counsel for Applicant(s) : Pankaj Kumar Mishra Counsel for Opposite Party(s) : G.A. Shalabh Jaiswal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) determined in proceedings under Section 528 BNSS. In proceeding u/s 528 BNSS, this Court is not inclined to hold 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 will be at liberty to avail all other remedy available at law. October 8, 2025 Shaswat NA528 No. 22849 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad