Neutral Citation No. - 2025:AHC:116090 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24040 of 2025 Applicant :- Akash Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jayendra Kumar Mishra,Keerti Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Jayendra Kumar Mishra, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash entire proceeding of Case Crime no. 312 of 2024 under Section 3/7 Essential Commodities Act, 1955, and sections 111, 318(4) BNS and 29(1)(C) of the Insecticides Act, 1968, PS- Achhnera, District Agra in Case no. nil of 2025 (State vs. Harsh Gautam) pending before learned Additional Chief Judicial Magistrate, Court no. 1, Agra. Further prayer has also been made to quash the summoning order dated 08.04.2025 passed by learned Additional Civil Judge, SD-4, Gorakhpur. 3. While assailing the entire proceeding initiated against the applicant, it is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. The concerned police caught applicant on dated 06.11.2024 in the morning while FIR has been lodged in the evening. For substantiating his arguments learned counsel sought the attention of Court over some photos of CCTV footage appended to the application. It is also submitted that there is no public witness of alleged incident 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, statements of the complainant and other witness 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 :- 17.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad