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2025 DAILYLAW 87914 (ALL)

YASHPAL SINGH v. STATE OF U.P. AND ANOTHER

NA528/34193/2025 · 2025-09-08

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34193 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Sunil Kumar Upadhyay, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the entire proceeding of Criminal Case and charge sheet dated 30.04.2025 as well as summoning/cognizance order dated 02.05.2025 in Session Case no. 1019 of 2025 (State vs. Rajkumar and others) arising out of Case Crime no. 0128 of 2025 under Section 111(3) of BNS and section 3/25(8) of Arms Act, PS- Lohiyanagar, District- Meerut. 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 not named in the FIR. Except confessional statement of applicant, there is no credible evidence against 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 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 Versus Counsel for Applicant(s) : Sunil Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Yashpal Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. September 9, 2025 Shaswat NA528 No. 34193 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad