HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35474 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Pradeep Kumar, learned counsel for applicant, Sri Bharat Singh along with Sri Namit Srivastava, learned counsel for opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge- sheet dated 31.05.2025 and cognizance order dated 19.08.2025 taken by learned Chief Judicial Magistrate, Budaun in Misc. Case no. 19044 of 2025 (State vs. Chhaveele Chauhan) arising out of Case Crime no. 0071 of 2025 under sections 308(2) BNS and 67 of IT Act, PS- Civil Lines, District Budaun as well as entire proceeding of criminal case. 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 crystal clearly apparent from the record that there is no direct or indirect or any circumstantial evidence against the applicant to procure them in the alleged offence, he has committed nothing wrong as stated against him and he has been falsely implicated in present case, hence the entire proceeding is liable to be set aside. 4. Per contra, Sri Bharat Singh along with Sri Namit Srivastava, learned counsel for opposite party no. 2 and learned AGA for State vehemently opposed the prayer sought through instant application. 5. After hearing the submissions made by the learned counsel for the parties Versus Counsel for Applicant(s) : Pradeep Kumar Counsel for Opposite Party(s) : Bharat Singh, G.A., Namit Srivastava Chhaveele Chauhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 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 23, 2025 Shaswat NA528 No. 35474 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad