Makhabul and Another Vs State of U.P. and Another

This application has been filed by the applicants to quash the entire proceeding of Criminal Case no. 1801 of 2019 (State vs. Ali Shekh and others) and charge sheet dated 22.6.2019 under sections 406, 419, 420 IPC based upon cognizance and summoning order dated 2.8.2019 passed by learned Additional Chief Judicial Magistrate, Court no. 1, Varanasi in Criminal Case no. 1801/2019 (State vs. Ali Shekh & others) arising out of Case Crime no. 512 of 2018 under sections 506, 504, 468, 467, 420, 419 IPC at PS- Cholapur, District Varanasi whereby applicants are summoned to face trial.

While assailing entire proceeding in shape of cognizance order, it is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. There are contradiction in the statements of informant. Applicants have no role to play in the transaction which took place between the informant and one Abdul Samad i.e. the travel agent who misused the name and account of the applicants. Learned Magistrate concerned failed to consider this aspect, hence the entire proceeding is liable to be set aside.

Per contra, learned AGA vehemently opposed the prayer sought through instant application.

NA528 No. 21707 of 2025

2

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 applicants. The assertions of false implication raised by the applicants 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.

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.

In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed . However, if the applicants intends to prefer bail application before learned court concerned, they may prefer the same within a period of three weeks from today. If they prefer the same, within a period of three weeks, the same shall be considered by learned concerned court in accordance with law. Till three weeks from today, no coercive action shall be initiated against the applicants.

(Saurabh Srivastava,J.)

¶18

October 9, 2025 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Makhabul and Another v. State of U.P. and Another