Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35489 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the charge- sheet dated 21.06.2025 and entire proceeding of Criminal Case no. 6952 of 2025 (State vs. Janu @ Jaan Mohammad and others) arising out of Case Crime no. 0033 of 2025 under sections 303(2), 61(2) BNS and Section 3/5/8 of U.P.Prevention of Cow Slaughter Act, 1955, PS- Chilhia, District Siddharth Nagar as well as cognizance order dated 16.07.2025. 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. In the entire Case Diary there is no other corroborative evidence except the extra judicial confessional statements of the accused. Entire proceeding is totally malicious and 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 Versus Counsel for Applicant(s) : Arvind Prabodh Dubey, Tanuj Shahi Counsel for Opposite Party(s) : G.A. Hassam Anwar Khan .....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. However, applicant will be at liberty to avail all other remedy available at law.
September 23, 2025 Shaswat NA528 No. 35489 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad