HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34051 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Sunder Singh, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash/stay the entire criminal proceeding of Criminal Case no. 1505 of 2023 (State vs. Mahendra Pal Sharma and another) arising out of Case Crime no. 386 of 2022 under section 15(2) and 15(3) Indian Medical Council Act, 1956, PS- Jewar, District Gautam Budh Nagar along with charge sheet dated 21.05.2023 and summoning order dated 27.09.2023 to 08.02.2024. 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. The son of informant died due to corona virus infection but due to ulterior motive present proceeding has been initiated. There is no material on record collected during course of investigation, 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 applicants. 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 Versus Counsel for Applicant(s) : Sunder Singh Counsel for Opposite Party(s) : G.A. Mahendra Pal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 34051 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad