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2025 DAILYLAW 92642 (ALL)

MOHAMMAD ARSHIAL MALIK v. STATE OF U.P. AND ANOTHER

NA528/33882/2025 · 2025-09-07

Saurabh Srivastava

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33882 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Suneel Kumar, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the cognizance/summoning order dated 30.11.2024 passed by Chief Judicial Magistrate, Pilibhit and charge sheet no. 229 of 2024 dated 06.09.2024 as well as entire further proceeding of Case no. 19260 of 2024 (State vs. Shobhit and others) arising out of Case Crime no. 226 of 2024 under sections 3/5/7 of the Immoral Traffic (Prevention) Act, PS- Sungarhhi, District Pilibhit. 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. There are certain contradictions in the statements of witnesses. Opposite party no. 2 being a political person falsely implicated applicant owing to ulterior motive. No credible evidence has been collected against the applicant before submission of charge sheet, 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 determined in proceedings under Section 528 BNSS. In proceeding u/s 528 BNSS, this Court is not inclined to hold mini-trial. Versus Counsel for Applicant(s) : Suneel Kumar Counsel for Opposite Party(s) : G.A. Mohammad Arshial Malik .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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, applicant will be at liberty to avail all other remedy available at law. September 8, 2025 Shaswat NA528 No. 33882 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad