Neutral Citation No. - 2025:AHC:55273 Court No. - 84 Case :- APPLICATION U/S 482 No. - 32867 of 2024 Applicant :- Surendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. Akhilesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Rejoinder affidavit filed today on behalf of the applicants, is taken on record. 2. Heard Dr. Akhilesh Kumar, learned counsel for the applicants and learned AGA for the State. 3. The Present application under Section 482, Cr.P.C. has been filed by the applicants to set aside the order dated 26.07.2024 and quash the entire proceedings of Criminal Case No.1142 of 2024 (State v. Surendra and Others) arising out of Case Crime No.40 of 2024, under Sections 427, 504, 506, 436 IPC as well as cognizance / summoning order dated 26.07.2024, pending in the court of Judicial Magistrate, Fatehabad, Agra. 4. It is alleged in the FIR that informant engaged in business of provisional store having stored goods value of Rs.15,000/-. On night of 12.06.2024 at about 10 p.m. applicants set fire in hut/khokha. 5. Learned counsel for the applicants submits that FIR was registered against the applicant under sections 427 I.P.C. Investigating Officer submitted charge-sheet against the applicants under section 427, 504 & 506 I.P.C. Thereafter, informant moved application on 26.07.2024 for allegedly summoning the accused person under section 436 I.P.C. Trial court by order dated 26.07.2024 took cognizance under sections 427, 504, 506, 436 I.P.C. and issued summon against the applicants. 6. Learned counsel for the applicant has placed reliance upon the judgment of the Apex Court in State of Gujarat vs. Girish Radhakrishnan Varde, AIR 2014, Supreme Court 620, (SC) and has placed reliance upon pars 13 & 14 of the said judgment. 7. In view of above, the magistrate has no power to add additional sections after receiving charge-sheet. 8. Learned AGA has not disputed the factual position of the case. 9. In view of what has been stated above and the legal position, the present application is disposed of. The order impugned dated 26.07.2024 passed by Judicial Magistrate, Fatehabad, Agra, is hereby, quashed. The matter is remanded back to the Court concerned and the Magistrate is directed to pass a fresh order after applying the judicial mind in view of aforesaid observation within 15 days from the date of production of certified copy of this order. Order Date :- 16.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad