Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34420 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA for State.
2. Present application has been preferred with prayer to quash the entire proceeding of charge sheet dated 18.01.2023 and cognizance order dated 21.01.2023 in Case Crime no. 0481 of 2022 under sections 419, 420, 468, 414 IPC and 66(D) IT Act, PS- Link Road, District Trons Hindon (Commissionerate Ghaziabad).
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. The allegation levelled in the FIR are baseless and no offence against the applicant is made out. Applicant has no role and is not the beneficiary in the present case, hence the entire proceeding is liable to be set aside. However, applicant has already been granted bail.
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 Versus Counsel for Applicant(s) : Rajesh Kumar Pal Counsel for Opposite Party(s) : G.A. Rajeev Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 10, 2025 Shaswat NA528 No. 34420 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad