Neutral Citation No. - 2025:AHC:134106 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28764 of 2025 Applicant :- Arti Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Arun Kumar Srivastava, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash cognizance order dated 21.03.2025, charge sheet dated 3.3.2025 as well as entire proceeding of Case no. 2192 of 2025 (State vs. Smt. Arti Srivastava and others) arising out of Case Crime no. 35 of 2024 under Section 318(4) BNS and Section 66D I.T. Act, PS- Cyber Crime Police Thana, District Saharanpur pending in court of Additional Chief Judicial Magistrate-II, Saharanpur. 3. For assailing the entire proceeding initiated at the behest of opposite party no. 2 against applicant, it is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. Applicant is not named in the FIR. His name surfaced during investigation, on the basis of amount deposited in the account of applicant. The amount which has been deposited in the account of applicant, has been deposited by opposite party no. 2 in the account of one Ajay Kumar who in turn deposited the amount in the account of applicant as such there is no transaction between account of applicant and opposite party no. 2 as such neither charge sheet nor cognizance order is sustainable in the eye of law. 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 including regarding transaction 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 :- 7.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad