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Neutral Citation No. - 2025:AHC:125909 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25497 of 2025 Applicant :- Lalit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Kumar 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 charge-sheet no. 253/2021 dated 25.08.2021 and summoning/cognizance order dated 26.07.2022 as well as entire proceeding of Criminal Case no. 1321/2022 (State vs. Lalit) arising out of Case Crime no. 250 of 2021 under Section 3/25 of Arms Act at Police Station- Cantt, District Bareilly, pending in court of Judicial Magistrate-II, Bareilly. 3. It is contended by learned counsel for applicant that applicant has been falsely implicated in the present case on the basis of false and concocted story. The police personnel have shown false recovery from possession of applicant due to ulterior motive. No independent witnesses were examined by the Investigating Officer. No evidence has been collected against the applicant during investigation. Applicant has already been granted bail by learned trial court and as such it is prayed that entire proceeding be quashed and 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 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, applicant is at liberty to avail all other remedies available at law.
Order Date :- 28.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad