NABI SARVAR ALIAS NATE AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/25672/2025 · 2025-07-28
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76993 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76993 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:127112 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25672 of 2025 Applicant :- Nabi Sarvar Alias Nate And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Chauhan,Shiva Kant Srivastava 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 the charge-sheet dated 11.12.2024 in Case no. 76 of 2025 (State vs. Nabi Sarvar and others) arising out of Case Crime no. 163 of 2024, under Sections 3/5/8 of U.P.Prevention of Cow Slaughter Act, PS- Saraimeer, District- Azamgarh pending before learned court of FTC-II, Azamgarh as well as cognizance order dated 21.01.2025. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicants that applicants have not been named in the FIR and their name surfaced only in the confessional statement of one of the co- accused Sakib. Applicants have been falsely implicated in the present case only with malice intention. From perusal of entire evidence on record, no offence is made out against the applicants under sections 3/5/8 of U.P.Prevention of Cow Slaughter Act, 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 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, applicants are at liberty to avail all other remedies available at law. Order Date :- 29.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad