Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33631 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Mohd. Abid Ali, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the entire criminal proceeding of Case no. 769 of 2025 arising out of Case Crime no. 0338 of 2024 under sections 318(4) BNS & under section 34 IMC Act, along with charge sheet no. 308/2024, dated 20.11.2024 and cognizance/summoning order dated 06.05.2025, PS- Shahabad, District Rampur. 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 has never been running a hospital as partnership along with other accused namely Pradeep Singh, while she was working there as caretaker and was paid only Rs.5500 per month. Applicant is not guilty except she was doing job under the other co- accused namely Pradeep Singh in his hospital only as caretaker. Applicant has no criminal history to her credit, 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 Versus Counsel for Applicant(s) : Mohammad Abid Ali Counsel for Opposite Party(s) : G.A. Ilma Bee .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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.
September 11, 2025 Shaswat NA528 No. 33631 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad