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2025 DAILYLAW 75483 (ALL)

PRASHANT RAJPOOT v. STATE OF U.P. AND ANOTHER

NA528/28670/2025 · 2025-09-10

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28670 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash entire proceeding of Case no. 24749 of 2024 in Case Crime no. 99 of 2024 under sections 420, 467, 468, 471, 34, 109, 272 IPC and section 60(ka) of Excise Act, PS- Premnagar, District Jhansi along with charge sheet dated 31.07.2024 and cognizance order dated 05.11.2024. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. Investigating Officer has not properly investigated the matter. No offence is made out against the applicant but the cognizance order dated 05.11.2024 has been passed without application of judicial mind, 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 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. In proceeding u/s 528 Versus Counsel for Applicant(s) : Sanjeeda Counsel for Opposite Party(s) : G.A. Prashant Rajpoot .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. September 11, 2025 Shaswat NA528 No. 28670 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad