SAMREEN BANO AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
NA528/28934/2025 · 2025-08-17
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83673 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83673 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:140925 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28934 of 2025 Applicant :- Samreen Bano And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anoop Kumar Dubey,Raghuvansh Chandra,Surabhi Chandra Counsel for Opposite Party :- Ajeet Dixit,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and Sri Ajeet Dixit,
learned counsel for opposite party no. 2 and learned AGA for State.
2. Present application has been preferred with prayer to quash/set aside order dated 27.6.2025 passed by Additional Session Judge/Special Judge, POCSO Act, Prayagraj in S.T. no. 646 of 2025 under sections 323, 452, 354, 506 IPC and 7/8 POCSO Act arising out of Case Crime no. 470/2023, PS- Nawabganj, District Prayagraj along with charge sheet dated 17.9.2024 and entire criminal proceeding of Criminal Case no. 646 of 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 been falsely implicated in the present case. Present case is only counter-blast of case lodged against informant of present case by aunt of applicant no. 1. It is a no injury case. Only to create pressure upon applicants present FIR has been lodged, hence the entire proceeding is liable to be set aside.
4. Per contra, Sri Ajeet Dixit, 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 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 whatever remedy available at law.
Order Date :- 18.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad