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2025 DAILYLAW 70981 (ALL)

NIRANJAN AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/23310/2025 · 2025-10-06

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23310 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Santosh Kumar, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge- sheet dated 17.12.2024 along with cognizance order dated 28.11.2024 and entire proceeding of Criminal Case no. 114/2025 (State vs. Niranjan and another) arising out of Case Crime no. 564 of 2024 under sections 126(2), 352, 351(2) BNS, PS- Chhata, District Mathura. 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. Informant has lodged present FIR in counter-blast of an ancestral property dispute. The ingredients of sections 126(2), 352, 351(2) BNS is not made out and criminal proceeding has been initiated just to harass the applicant for making pressure to extract money, 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 including the version of FIR, 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 Versus Counsel for Applicant(s) : Rafiqa Anees Khan, Santosh Kumar Counsel for Opposite Party(s) : G.A. Niranjan And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) evidence and cannot be 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. 23310 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad