HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34078 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge- sheet dated 18.11.2024 under sections 105, 318(4) BNS and section 15(3) of Indian Medical Council Act and section 40 of Clinical Establishment Act, Case Crime no. 113/2024 Case no. 7397/2025, PS- Duddhi, District Sonbhadra pending in court of Chief Judicial Magistrate, Sonbhadra as well as summoning order dated 16.06.2025 passed by Chief Judicial Magistrate, Sonbhadra in Case no. 7397/2025 under sections 105, 318(4) BNS, section 15(3) of Indian Medical Council Act and Section 40 of Clinical Establishment Act (State vs. Abhishek Ranjan urf Shanu). 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 was only person incharge of the hospital. He is neither a doctor nor nursing staff. No treatment has been given by the applicant to the deceased, 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 Versus Counsel for Applicant(s) : Rohit Nandan Pandey, Rohit Pandey Counsel for Opposite Party(s) : G.A. Abhishek Ranjan Urf Shanu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. September 9, 2025 Shaswat NA528 No. 34078 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad