APPLICATION U/S 528 BNSS No. 13273 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13273 of 2026 Heera Lal Chaudhary .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ajay Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant; learned A.G.A for the State as also perused the record. 2. Instant application has been filed to quash the entire criminal proceedings together with summoning order dated 20.01.2026 passed by Court of Judicial Magistrate-FTC Crime Against Women, Basti in Criminal Misc. Cases/1827/2024 (Smt. Khusboo Chaudhary Vs. Heera Lal Chaudhary) arising out of complaint case no. 301/2024, under section 85, 115 (2) BNS and 3/4 D.P.Act, Police Station Gaur, District Basti. 3. Counsel for the applicant submits that cognizance and summoning by the learned Magistrate is without application of judicial mind as the learned Magistrate without following mandatory provisions provided under Section 223 BNSS issued summons. Proviso to Clause 1 of Section 223 BNSS provides that no cognizance of offence shall be taken by the learned Magistrate without giving the accused