HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36729 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Vivek Kumar Singh, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge- sheet dated 28.06.2019 and order dated 27.08.2019 passed by learned Chief Judicial Magistrate, Azamgarh in Criminal Case no. 8878 of 2019 (State vs. Nitish Kumar) under sections 406, 419, 420, 467, 468, 471 IPC and section 66D I.T. Act (arising out of Case Crime no. 58 of 2019), PS- Kandhrapur, District Azamgarh as well as entire proceeding going on in Criminal Case no. 8878 of 2019. 3. While assailing entire proceeding in shape of charge sheet, it is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. Applicant has neither cheated nor committed any forgery with opposite party no. 2 therefore no offence is made out against the applicant. The Investigating Officer without collecting the material evidence submitted charge sheet against the applicant and learned Magistrate has also committed manifest error of law in framing the charges against the applicant, 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 Versus Counsel for Applicant(s) : Vivek Kumar Singh Counsel for Opposite Party(s) : G.A. Nitish Kumar Alias Nitish Kumar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 36729 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad