Neutral Citation No. - 2025:AHC:137144 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25749 of 2025 Applicant :- Jitendra Kumar Alias Jitendra Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Divyanshu Pathak Counsel for Opposite Party :- G.A.,Rishi Yadav,Smita Yadav Hon'ble Saurabh Srivastava,J. 1. Heard Sri Divyanshu Pathak, learned counsel for applicant, Sri Rishi Yadav, learned counsel for opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with prayer to quash the entire proceedings of Criminal Case arising out of Case Crime no. 0437 of 2024 under sections 74, 126(2) of BNS, 2023 and section 7 and 8 of POCSO Act, 2012, PS- Rasulabad, District Kanpur Dehat including charge sheet dated 12.11.2024 as well as cognizance/summoning order dated 16.04.2025 passed by learned Additional District & Sessions Judge/Special Judge (POCSO Act) Kanpur Dehat. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicant that in the statement recorded under Section 180 of BNSS 2023 by victim, she reiterated the incident but did not specifically stated anything which would show the commission of offence. There is delay in lodging FIR. Applicant has been falsely implicated in present case due to enmity persisting between the parties, 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 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. Lastly, it has been argued that applicant be at least permitted to appear before learned court concerned. 8. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. However, three weeks time is hereby extended in favour of applicant for surrendering himself before learned court concerned. Till three weeks no coercive action shall be initiated against the applicant which has not been disputed by Sri Rishi Yadav, learned counsel for opposite party no. 2. After expiry of aforesaid period of three weeks, learned court concerned is directed to proceed as per law. Order Date :- 12.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad