Neutral Citation No. - 2025:AHC:123379 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 26269 of 2025 Applicant :- Daya Shankar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akshansh 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 entire proceedings of Criminal Case no. 403 of 2025, under sections 318(4) BNS and 11(7), 13(5) of Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024, Police Station- Mauaima, District Prayagraj pending in court of District & Sessions Judge, Prayagraj as well as impugned charge sheet dated 11.01.2025, impugned cognizance and summoing order dated 15.01.2025 passed by Additional Chief Judicial Magistrate No.6, Prayagraj under sections 318(4) BNS and 11(7), 13(5) of Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024, PS- Mauaima, District Prayagraj. 3. It is submitted by learned counsel for applicant that FIR was lodged by opposite party no. 2/Inspector, STF Unit, Prayagraj namely Anil Kumar Singh against applicant and one Amitabh Mishra alleging therein that applicant is involved in a solver gang who gets the paper out and defraud the candidates in the name of getting them passed in the examination. On dated 25.08.2024, on the basis of information received from one informer, that applicant is going to meet some candidates at the place of incident, for getting them passed in the Police Recruitment Examination 2023, opposite party no. 2 along with other police officials arrested applicant from the spot and recovered one Admit card, cash amounting to Rs.5000/-, one Samsung Mobile from his possession. After conclusion of investigation, charge-sheet has been submitted against applicant and another co-accused whereupon cognizance of offence has been taken up by learned court concerned vide order dated 15.01.2025 which has been challenged through instant application. 4. It is contended by learned counsel for applicant that applicant has been falsely implicated in the present case and absolutely fake recovery has been prepared by the prosecution. There is no independent witness of alleged recovery. Applicant has not been caught on the spot and he was arrested when the examination was over. Applicant has not facilitated any candidate for the examination, hence entire proceeding is liable to be quashed and set aside. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application and submitted that entire proceeding has been rightly initiated against the applicant, since he is a member of solver gang. 6. After hearing the rival 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. 7. 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. 8. 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 :- 24.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad