Neutral Citation No. - 2025:AHC:764 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 43021 of 2024 Applicant :- Ravi Tiwari @ Ravi Shankar Tiwari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State-respondent, and perused the record. 2. The instant application has been preferred with the prayer to quash the order dated 13.11.2024 passed by learned Additional Sessions Judge/Special Court, Banning of Unregulated Deposit Schemes Act, Lalitpur in Special Sessions Case No.1164 of 2024 titled State v. Ram Naresh Sahu and others, arising out of Case Crime No.686 of 2024, under sections 111, 318, 61(2), 336(3), 340(2) of B.N.S. and section 3/21 of Banning of Unregulated Deposit Schemes Act, Police Station Kotwali, District Lalitpur. 3. Learned counsel for the applicants submits that the case was registered on 6.8.2024, and after completion of the investigation the charge sheet was submitted on 27.10.2024; the matter was committed for sessions trial on 28.10.2024, wherein the cognizance was taken on 5.11.2024 and the matter was posted for 8.11.2024 for further proceedings; since the Advocates were on strike on 8.11.2024, the matter was again posted for 13.11.2024, and on the same date, the charges were framed against the applicants. Learned counsel for the applicants further submits that the applicants were not accorded any opportunity to move a discharge application under section 250 of BNSS nor time was granted to address the arguments, and the compliance of section 230 of BNSS was made on 13.11.2024, and on the same day, the charges were framed. 4. Per contra, learned A.G.A. has opposed the submissions of learned counsel for the applicants. 5. After hearing learned counsel for the applicants, and on perusal of the record, I am of the view that the applicants have not been given proper opportunity to address the arguments on the point of charge, therefore, the impugned order dated 13.11.2024 passed by learned Additional Sessions Judge/Special Court, Lalitpur is set aside, and the matter is remanded back to the court concerned with a direction to hear the applicants afresh on the point of charge after giving fair opportunity to the applicants. It is made clear that no further opportunity shall be granted to the applicants except the next date fixed before the trial court, failing which the court may proceed in accordance with law. 6. With the aforesaid observations, the instant application is disposed of. Order Date :- 2.1.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad