HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35503 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 proceeding of Case no. 1436/9 of 2017 (State vs. Kishore Kumar & another) Case Crime no. 1796 of 2016 under Section 3/7 of Essential Commodities Act, PS- Kotwali Nagar, District Muzaffar Nagar arising out of charge sheet dated 26.1.2017 as well as order of cognizance dated 15.4.2017. 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. As per the material available on record, there is no direct or indirect evidence against the applicant which connects him with the alleged offence as claimed by the prosecution in its story, 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 determined in proceedings under Section 528 BNSS. In proceeding u/s 528 Versus Counsel for Applicant(s) : Rahul Kumar Tiwari, Sanjay Kr. Srivastava Counsel for Opposite Party(s) : G.A. Kishore 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. However, applicant will be at liberty to avail all other remedy available at law. September 23, 2025 Shaswat NA528 No. 35503 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad