Neutral Citation No. - 2025:AHC:137035 Court No. - 89 Case :- APPLICATION U/S 482 No. - 41971 of 2024 Applicant :- Kalimun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Rakesh Yadav, learned counsel for the applicants and Sri Manoj Gautam, learned A.G.A. for the State. 2. The present application u/s 528 of B.N.S.S. has been filed with prayer to quash the summoning order dated 27.06.2019 in Sessions Trial No.- 1125 of 2019 (State Vs. Jauhar & others) arising out of Case Crime No.- 61 of 2019 under Sections 306 I.P.C., P.S- Purandarpur, District- Maharajganj pending in the Court of learned Chief Judicial Magistrate, Maharajganj. 3. It is contended by the learned counsel for the applicant that the first information report was lodged under Sections 498-A and 302 of the I.P.C. but after investigation charge sheet has been submitted under Section 306 of the I.P.C. He further submits that the applicant is lady and suffering from medical problem of spine. He further contended that during investigation no evidence has been found against the applicant regarding offence under Section 306 of I.P.C. 4. On the other hand, learned A.G.A. has supported the order impugned and has submitted that during investigation, Investigating Officer has found sufficient evidence against applicant for the commission of offence under Section 306 I.P.C. He further submits that the detailed analysis of the evidence collected during investigation is not permissible at the stage of the taking cognizance of offence. 5. Initially, the first information report was lodged under Sections 498-A,302 of I.P.C. and after investigation the charge sheet has been submitted under Section 306 of I.P.C. It is well settled law that at the state of taking cognizance detailed analysis of the materials collected during investigation is not permissible. At the stage of taking cognizance it is to be seen whether prima facie case is made out from the materials collected during investigation. 6. I have perused the statements of the witnesses recorded by the Investigating Officer under Section 161 Cr.P.C., the copies of which are annexed with the application. I do not find a fit case for quashing the order impugned. 7. In view of above, the application is dismissed. Order Date :- 12.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad