HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39239 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Vakalatnama filed by Sri Shishir Prakash as well as Shad Khan, learned Advocates on behalf of Applicant No. 4 today in Court, is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 528 B.N.S.S. has been filed by the applicants to allow this application by quashing the further proceedings of Complaint Case No.3048 of 2024 (Dhruv Sharma Vs. Smt. Amritanshu Gupta & others), under Sections 323, 380, 504, 506, 406, 452, 120-B I.P.C., Police Station-Beta II, NOIDA, District-Gautam Buddha Nagar and also quash the impugned summoning order dated 6.8.2025 passed by the learned A.C.J.M.-I, Gautam Buddha Nagar. It has been submitted by learned counsel for the applicants that the order impugned has been passed without giving an opportunity of hearing to the applicants as provided under Section 223 of BNSS. Learned counsel for the applicants has relied upon the observations made by Hon'ble Apex Court in Kushal Kumar Agarwal vs. Directorate of Enforcement, Criminal Appeal No. 2749 of 2025, arising out of S.L.P. (Criminal) No. 2766 of 2025 dated 09.05.2025 wherein it has been observed that the proviso to sub-section (1) of Section 223 puts an embargo on the power of the Court to take cognizance by providing that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. Learned AGA for the State could not dispute the aforesaid facts. Considering the fact that the complaint stood lodged on 28.6.2024 and the summoning order has been passed on 06.08.2025 and the fact that Section Versus Counsel for Applicant(s) : Jitendra Pal Singh Chauhan Counsel for Opposite Party(s) : G.A. Dr Amritanshu Gupta And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 223 BNSS was already enforced, therefore, opportunity of hearing ought to have been accorded to the applicants before taking cognizance. Hence in light of the observations made by Hon'ble Apex Court and the submissions made, the impugned summoning order dated 06.08.2025, passed by the learned Additional Chief Judicial Magistrate-I, Gautam Buddha Nagar is hereby set aside and the matter is remitted back to the Court concerned to reconsider the matter and pass fresh order strictly in accordance with law expeditiously, preferably within a period of six weeks from the date of the order after giving opportunity of hearing to both the parties, if there is no other legal impediment. With the aforesaid direction, the application is disposed of. October 9, 2025 Puspendra NA528 No. 39239 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad