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2025 DAILYLAW 92570 (ALL)

AMIT AGARWAL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/33939/2025 · 2025-09-07

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33939 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Akhilesh Kumar Dwivedi, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge- sheet dated 31.10.2022 summoning order dated 1.8.2024 along with entire proceeding of Case no. 14155 of 2024 (State vs. Narendra Pal and others) arising from Case Crime no. 214 of 2022 under Section 63 of Copyright act, PS- Fatehganj West, District Bareilly. 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. It is alleged that applicant no. 1 was selling certain fake sewing machine in the name of brand 'USHA' in his shop. While conducting the raid, applicant no. 1 was not present at the shop and only the worker i.e. applicant no. 2 was present. It is submitted that applicant no. 1 is running a shop of repairing of sewing machine not selling sewing machine and he has not committed any offence as alleged in the FIR, 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 Versus Counsel for Applicant(s) : Akhilesh Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Amit Agarwal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) false implication raised by the applicants 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, applicants will be at liberty to avail all other remedy available at law. September 8, 2025 Shaswat NA528 No. 33939 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad