HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36089 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 Case no. 25918 of 2021 (State vs. Sanket Sood and others) arising out of Case Crime no. 693 of 2021 under section 406, 420 IPC and section 66 of I.T. Act, PS- Bisrakh, District Gautam Budh Nagar. 3. While assailing entire proceeding, it is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. From perusal of FIR, it is quite evident that the entire prosecution story against the applicant is based on the basis of sudden raid and statements of co-accused person arrested on the spot and despite being the search, recovery and arrest made by the concerned police officials there is not single independent eye witness of the alleged exercise and allegedly the same has taken place in a usually crowded area of vicinity, 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 Versus Counsel for Applicant(s) : Abhishek Srivastava, Shailja Kant Dubey Counsel for Opposite Party(s) : G.A. Shiv Dwivedi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 25, 2025 Shaswat NA528 No. 36089 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad