Neutral Citation No. - 2025:AHC:112308 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23291 of 2025 Applicant :- Vikas Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Srivastava,Rajesh Kumar Yadav 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 Criminal Case no. 15498 of 2025 (State vs. Akhilesh Yadav @ Raju and others) pending in court of learned Civil Judge (Junior Division) F.T.C. Ist, Chandauli arising out of Case Crime no. 131 of 2024 under sections 3/5A/5B/8 of U.P.Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty of Animals Act, 1960 and Section 61(2) of BNS, PS- Balua, District Chandauli, as well as charge-sheet no. 02 of 2024 dated 12.11.2024 including cognizance/summoning order dated 23.12.2024 in Criminal Case no. 15498 of 2025. 3. While assailing the entire proceeding along with charge-sheet and cognizance order, it is contended by learned counsel for applicant that applicant has not been named in the FIR. His name surfaced in statement of co-accused who alleged that applicant was cooperating in passing of vehicles which were being used for smuggling of cow. Applicant has been falsely implicated in present case with ulterior motive. The Investigating Officer without applying his mind submitted charge-sheet against the applicant which is liable to be quashed and set aside. 4. Per contra, learned AGA vehemently opposed the prayer sought through the 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 accused person, 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. 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. Order Date :- 14.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad