Neutral Citation No. - 2025:AHC:134506 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24256 of 2025 Applicant :- Sabir Ali Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for applicant, learned A.G.A. for the State and perused the record. 2. This application u/s 528 BNSS of Bhartiya Nagrik Sanhita, 2023 (hereinafter referred to as BNSS) has been preferred against order dated 20.05.2025, passed by learned Civil Judge (J.D.)/F.T.C.-Ist, Hapur in Criminal Misc. Case No. 663 of 2024, arising out of Case Crime No. 656 of 2024, under Sections - 147, 148, 149, 452, 504, 323, 354-Kha, 392, 384, 506, 307 I.P.C., Police Station - Hapur Nagar, District - Hapur, whereby the final report submitted by the police has been accepted. 3. It is submitted by learned counsel for the applicant that impugned order is against facts and law and thus, liable to be set aside. It was submitted that on 17.03.2024 at about 11:00 AM, the opposite party no. 2 to 8 have trespassed into the house of applicant and misbehaved and assaulted the applicant. They have torn clothes of mother of applicant and committed robbery of jewellery. The first information report of the applicant was not lodged and thus, applicant has moved an application under Section - 175 (3) BNSS and after that case was registered. Learned counsel submitted that during investigation, police did not get record the statement of mother of applicant under Section - 183 BNSS and that merely on the basis of a small video footage police have submitted final report. It was submitted that police have not investigated the matter properly and final report was submitted without collecting proper evidence. The applicant has preferred a protest petition against final report but learned Magistrate has not considered facts of the matter in correct perspective and protest petition was rejected and final report was accepted by the impugned order. Referring to facts of the matter, it was submitted that impugned order is against facts and law and thus, liable to be set aside. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the submissions and perused the record. 6. In the instant matter perusal of record shows that the applicant has got lodged first information report by moving an application under Section - 175 (3) BNSS. The applicant has made allegations that the private opposite parties have trespassed into his house and they have misbehaved and assaulted him and torn clothes of his mother and committed robbery of jewellery. It appears that some criminal cases are already pending between the parties. In the alleged incident, no one has sustained any injury. Learned Magistrate has noted that during investigation independent witnesses have stated that this case was lodged by the applicant with malafide intention in order to exert undue pressure upon private opposite parties and in fact earlier also he has lodged some cases. Learned Magistrate has considered entire facts of the matter in detail and the final report was accepted by a reasoned order. No material illegality or perversity could be shown in the impugned order. There is nothing to show that there has been any abuse of the process of Court or miscarriage of justice, so as to require any interference by this Court by invoking extraordinary powers under Section - 528 BNSS. The application under Section 528 BNSS lacks merits and thus, liable to be dismissed. 7. Accordingly, the application u/s 528 BNSS is dismissed. Order Date :- 8.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad