Neutral Citation No. - 2025:AHC:143948 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 30452 of 2025 Applicant :- Naushad Ahmad @ Dr Naushad Kuraisi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the charge sheet no. 10 of 2021 dated 10.01.2021 under sections 419, 420 IPC and under Section 15(3) of Indian Medical Council Act, 1956 and summoning order dated 06.02.2022 passed by Judicial Magistrate, Khaga, District Fatehpur in Case no. 33 of 2022 (State vs. Naushad Kuraisi) under sections 419, 420 IPC and section 15(3) of Indian Medical Council Act, 1956, as well as further proceeding of Case no. 33 of 2022 pending in court of Judicial Magistrate, Khaga, District Fatehpur. 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. Applicant is having registration as Hakeem under Unani System of Medicine and was not conducting any operation as alleged in the present FIR. No offence under sections 419, 420 IPC and 15(3) of Indian Medical Council Act, 1956 is made out against the applicant as no evidence in this regard has been collected by the Investigating Officer, hence the entire proceeding is liable to be set aside. 4. Per contra, 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 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. However, applicant is 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