Neutral Citation No. - 2025:AHC:143828 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28082 of 2025 Applicant :- Shivansh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Tyagi,Neha Tyagi,Pankaj Kumar Tyagi Counsel for Opposite Party :- Avdhesh Kumar Yadav,G.A.,Sundeep Shukla Hon'ble Saurabh Srivastava,J. 1. Heard Sri Pankaj Kumar Tyagi, learned counsel for applicants, Sri Sundeep Shukla, learned counsel for opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge sheet no. 291/2024 dated 02.11.2024 as well as entire criminal proceeding of Case no. 18632 of 2024 (State vs. Shivansh Tyagi) arising out of Case Crime no. 198 of 2024 under sections 191(2), 191(3), 190, 109, 115(2), 118(1), 352, 351(2), 351(3) BNS and section 9/25 Arms Act, PS- Kharkhonda, District Meerut pending in court of Additional Chief Judicial Magistrate-5th, Meerut along with cognizance and summoning order dated 05.11.2024 as well as Non-Bailable Warrant dated 11.03.2025 passed by Additional Chief Judicial Magistrate-5th, Meerut. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. The Forensic Science Laboratory report, shows that the cartridge and weapon which was recovered from pointing out of applicant, mismatched which creates serious doubt on prosecution story, hence the entire proceeding is liable to be set aside. 4. Per contra, Sri Sundeep Shukla, learned counsel for opposite party no. 2 and learned AGA for State 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 applicants 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 whatever remedy available at law. Order Date :- 20.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad