Neutral Citation No. - 2025:AHC:107017 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.4) Court No. - 78 Case :- APPLICATION U/S 482 No. - 38285 of 2024 Applicant :- Smt Durgawati Devi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Bhardwaj,Sanjeev Kumar Khare,Vinay Kumar Upadhyay Counsel for Opposite Party :- G.A.,Ishwar Chandra Srivastava,Kaushlendra Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Pramod Bhardwaj, learned counsel for the applicant, Sri Kaushlendra, learned counsel for the opposite party no.2 and and Sri Om Prakash Mishra, learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 17.08.2024 passed in Case No. 59 of 2017 (Dhanwantra Devi vs. Durgawati and Others) under Sections 319, 338, 341(2) and 340(2) of B.N.S., P.S.- Singramau, District- Jaunpur, pending in the court of learned Additional Chief Judicial Magistrate-IVth, Jaunpur. 3. Learned counsel of the applicants submits that in the instant case a complaint case was filed on 19.05.2017, regarding an incident of forgery of the Will of the deceased- Mahadev, after his death on 08.11.2014. From the allegations made in the complaint, the incident occurred sometimes in the year 2014 and 2015 and the complaint was filed in the year 2017. However, vide impugned order dated 17.08.2024, the applicants herein have been summoned for the offenses under Sections 319, 338, 341 (2) and 340(2) of B.N.S. On the date of incident or on the date of complaint, the provisions of B.N.S. were not applicable in the instant case. In view thereof, learned counsel for the applicants submits that the summoning of the applicants under the provisions of B.N.S. is uncalled for. 4. Learned counsel for the opposite party no.2 as well as learned A.G.A. for the State also submits that looking at the date of the incident and the date of the complaint, the provisions of B.N.S. were not applicable in the instant case. Therefore, the impugned summoning order under the provisions of B.N.S. is not sustainable in law. 5. In view thereof, the summoning order dated 07.08.2024, summoning the applicants for the offenses under Sections 319, 338, 341 (2) and 340(2) of B.N.S., is hereby quashed. The matter is remanded back to the Additional Chief Judicial Magistrate- IVth, Jaunpur, to pass a fresh summoning order after hearing the parties. 6. The instant application is disposed of accordingly. Order Date :- 8.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad