Neutral Citation No. - 2025:AHC:85432 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 40178 of 2024 Applicant :- Irshad Husain Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Saurabh Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred against summoning order dated 19.03.2025, passed by the Civil Judge (J.D.) / F.T.C., Rampur in Complaint Case No. 503 of 2023 (Irshad Hussain Vs. Tasveer and Others), under Sections - 452, 504, 323 I.P.C., Police Station - Azimanagar, District- Rampur, pending before the court of Civil Judge (J.D.) / F.T.C., Rampur. 3. It is submitted by learned counsel for applicant that earlier the wife of applicant has lodged a first information report against opposite party no.2, 3 and 4 for offence under Section - 354(kha), 452, 376, 511 I.P.C. After that on 05.10.2023 the opposite party no.2 to 5 trespassed into the house of applicant / complainant and assaulted him. The opposite party no.4 Guddu has made a fire at complainant but it was missed. They have also tried to abduct the wife of applicant. The applicant has supported that version in his statement under Section - 200 Cr.P.C.. It was stated that witnesses examined under Section - 202 Cr.P.C. have also supported that version but the opposite party no.2 to 5 have been summoned only for offences under Section - 452, 504, 323 I.P.C. In view of statement of complainant and of witnesses, a case under Section - 307 and 354 I.P.C. was also made out but the opposite parties have not been summoned under these sections and thus, the impugned summoning order is liable to be set aside. 4. Learned A.G.A. has opposed the application and submitted that there is no material illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. It is well settled that at the stage of issuing process under Section - 204 Cr.P.C., the Magistrate is mainly concerned with the allegations made in the complaint and evidence led in support of the same. The Magistrate has to be satisfied that there are sufficient grounds for proceedings against the accused. The issuance of process should not be mechanical, rather it must be based on the allegations made in the complaint and evidence led in support of the same. Even when Magistrate finds that there are sufficient grounds for proceedings against proposed accused persons, he is not bound to summon the proposed accused persons under all the sections, which are mentioned in the complaint. The Magistrate has to consider the ingredients of alleged offences. The proposed accused persons have to be summoned only for those offences, which are made out on the basis of material on record. Though, at the stage of issuance of process to the accused the Magistrate is not required to record detailed order but Magistrate has to be prima-facie satisfied that there are sufficient grounds for proceeding against accused. 7. In the instant matter, the applicant / complainant in his statement under Section - 200 Cr.P.C. has made allegation that on 05.10.2023 at 11:00 AM, opposite part no.2 to 5 trespassed into his house and they have abused and assaulted him and that opposite party no.4 Guddu has fired a shot but it was missed. In her statement under Section - 202 Cr.P.C., the wife of applicant / complainant has stated that the said opposite parties have trespassed into her house and abused his husband and he was assaulted with leg and fists. She has further stated that opposite party no.2 to 5 have did 'cherchhar' with her and torn her clothes. It appears that only a vague allegation has been made regarding outraging modesty of wife of applicant / complainant. Injured has not sustained any fire- arm injury. Learned Magistrate has considered facts of the matter and summoned the opposite party no.2 to 5 for offences under Section - 452, 504, 323 I.P.C.. Considering nature of accusations and all attending facts, it cannot be said that impugned order is suffering from any material illegality or perversity. There is nothing to show that there has been any abuse of the process of Court or miscarriage of justice, so as to require any interference by this Court by invoking extraordinary powers under Section - 528 BNSS. The application under Section - 528 BNSS lacks merit and thus, liable to be dismissed. 8. Accordingly, the application u/s 528 BNSS is dismissed. Order Date :- 21.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad