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2025 DAILYLAW 70830 (ALL)

SUNDAR SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/23287/2025 · 2025-10-06

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23287 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Shashi Prakash Giri, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash the entire proceeding of Case no. 4624 of 2025 (State vs. Sundar Singh and others), charge sheet no. 125A of 2024 dated 5.8.2024 arising out of Case Crime no. 1260 of 2023 under sections 504, 506, 406 IPC, PS- Highway, District Mathura as well as cognizance order dated 12.02.2025. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. Allegations contained in the FIR are totally false and baseless without supporting credible evidence. There is no independent witness of alleged transaction which shows the falsity of entire prosecution case. Applicants have not received any money as alleged in the FIR, 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 applicants. The assertions of false implication raised by the applicants are factual issues that requires proper adjudication by the trial court based on evidence and cannot be Versus Counsel for Applicant(s) : Shashi Prakash Giri Counsel for Opposite Party(s) : G.A. Sundar Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) conclusively 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, applicants will be at liberty to avail all other remedy available at law. October 7, 2025 Shaswat NA528 No. 23287 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad