Neutral Citation No. - 2025:AHC:145083 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29862 of 2025 Applicant :- Susheem Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemlata Srivastava,Ranjna Pranay Srivastava,Sandeep Kumar Shrivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Sandeep Kumar Shrivastava, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the summoning order dated 17.12.2020 passed by Chief Judicial Magistrate, Bulandshahr, charge sheet dated 14.09.2020 as well as entire proceeding of Case no. 7071 of 2020 (State vs. Susheem) arising out of Case Crime no. 756 of 2020 under Section 29 Arms Act, PS- Kotwali, Dehat, District Bulandshahr, pending in court of Chief Judicial Magistrate, Bulandshahr. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. There is no single evidence on record, except the joint confessional statement of the co-accused persons. To the best of knowledge of applicant, cartridge used in murder of deceased has not been sold by applicant through his shop. Impugned charge sheet has been filed without any evidence and in routine manner, 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. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. Order Date :- 22.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad