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2025 DAILYLAW 92877 (ALL)

RENU SAROJ AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/34130/2025 · 2025-09-08

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34130 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge- sheet dated 10.11.2017 and cognizance order dated 5.12.2017 passed by learned Chief Judicial Magistrate, Mau as well as entire proceedings of Criminal Case no. 6343 of 2017 (State vs. Renu and another) arising out of Case Crime no. 0131 of 2017 under sections 419, 420 IPC and section 3/4 Pariksha Adhiniyam, PS- Sarailakhansi, District Mau. 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. No case is made out against the applicants under sections 419, 420 IPC and section 3/4 Pariksha Adhiniyam. No material evidence has been collected against the applicants during investigation. Applicants have no criminal history to their 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 said that no offence is made out against the applicants. The assertions of false implication raised by the applicants are factual issues that requires Versus Counsel for Applicant(s) : Anjani Kumar Rai, Brijesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Renu Saroj And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 34130 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad