HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37841 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Mani Shankar, learned counsel for applicant, Sri Chetan Chatterjee, learned counsel for Electricity Department and learned AGA for State. 2. Present application has been preferred with prayer to quash the entire proceeding of Special Trial no. 619 of 2025 (State vs. Anil Yadav) as well as charge sheet no. 49/2024 arising out of Case Crime no. 436/2021 under Section 135 Electricity Act, PS- Anti-Power Theft, District Ballia and cognizance/summoning order dated 16.5.2025 passed by learned Special Judge (E.C. Act)/Additional Sessions Judge, Ballia. 3. While assailing entire proceeding, it is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. It is alleged that applicant without any valid connection is using the electricity for commercial purposes. The allegation of electricity theft is totally incorrect. Applicant has generator set for running his brick field so there is no occasion of electricity theft. Present criminal proceeding is nothing but misuse of process of court, hence the entire proceeding is liable to be set aside. 4. Per contra,Sri Chetan Chatterjee, learned counsel for Electricity Department 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) : Brijesh Narain Mishra, Mani Shankar Counsel for Opposite Party(s) : Chetan Chatterjee, G.A. Anil Yadav .....Applicant(s) State Of U.P. And 2 Others .....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. However, applicant will be at liberty to avail all other remedy available at law. September 26, 2025 Shaswat NA528 No. 37841 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad