Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34660 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 charge- sheet dated 24.06.2025 order of cognizance/summoning dated 28.07.2025 passed by Additional Chief Judicial Magistrate, Court no. 6, Ghaziabad as well as entire proceedings of Criminal Case no. 3826 of 2025 (State vs. Waseem and others) arising out of Case Crime no. 142 of 2025 for offence punishable under sections 3/5/8 of Cow Slaughter Act, PS- Bhojpur, District 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. Perusal of FIR and statement recorded under Section 161 Cr.P.C. shows that there is contradiction in the narration of same. Neither any quantity of beef or complete skin of animal were found in the truck, 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 Versus Counsel for Applicant(s) : M J Akhtar Counsel for Opposite Party(s) : G.A. Kaleem Ahmad .....Applicant(s) State Of U.P. And Another .....Opposite Party(s)
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 18, 2025 Shaswat NA528 No. 34660 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad