HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36576 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 charge- sheet dated 06.03.2025, cognizance/summoning order dated 11.4.2025 and entire proceeding of Case no. 251 of 2025 (State vs. Sonu) arising out of Case Crime no. 16 of 2025 under sections 281 and 125(B) of BNS and section 3/181 of M.V. Act, PS- Khoda, District Ghaziabad. 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. It is not proved during investigation that who has driven the aforesaid vehicle one Shailendra or applicant and therefore no offence is made out against the applicant. From perusal of statements of witnesses, it appears that all of them accepted the presence of Shailendra inside the vehicle but due to pressure of police, the name of the applicant has been disclosed as a driver, 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 Versus Counsel for Applicant(s) : Amarjeet Chakrawarti, Ganesh Shanker Srivastava Counsel for Opposite Party(s) : G.A. Sonu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. October 6, 2025 Shaswat NA528 No. 36576 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad