Neutral Citation No. - 2025:AHC:146119 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29714 of 2025 Applicant :- Harveer Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Prasad,Ravi Shankar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ravi Shankar Shukla, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge-sheet no. 135 of 2017 dated 16.07.2017 order dated 19.01.2018 taking cognizance of charge sheet as well as including entire proceeding of Case no. 721/2018 (State vs. Harveer) under Section 10 of Control of Goondas Act, PS- Kundarki, District Moradabad arising out of Case Crime no. 263 of 2017 and further stay the proceeding of Case no. 721 of 2018. 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. Learned counsel for applicant submitted that it transpires from the FIR that applicant has been externed from District Moradabad for six months vide order dated 02.02.2017 passed by learned Additional District Magistrate (Administration) Moradabad but he was arrested within the boundary of same district which constitutes offence under Section 10 of Control of Goondas Act but the said offence is not made out against the applicant since no notice in regard to externment of applicant has been served upon applicant, 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 arguments raised by learned counsel for 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