Neutral Citation No. - 2025:AHC-LKO:19551 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 252 of 2025 Applicant :- Reshma Bano Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others Counsel for Applicant :- Dinesh Kumar,Neeraj Pal Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Dinesh Kumar, learned counsel for the applicant as well as learned A.G.A. for opposite party no. 1. 2. In the light of proposed order notice to private respondents is dispensed with. 3. By means of present application under Section 528 of BNSS applicant has sought direction to the Additional Chief Judicial Magistrate, Court No. 23, Barabanki to add Sections 419, 420, 467, 468, 471 I.P.C. in the summoning order dated 11.02.2025 in Complaint Case No. 32248 of 2024 - Resham Bano Vs. Chand Babu & Others. 4. It has been submitted by learned counsel for the applicant that on 29.05.2024, Chand Babu S/o Dullu resident of same village had abducted the daughter of the complainant and subsequently they have also got married. It has been submitted that Nikahnama was entered into between the parties and a copy of which is annexed with the complaint and when the complainant investigated, he found that the said document was fictitious and was prepared with collusion of certain persons fraudulently. In the aforesaid circumstances, complaint was filed only under Section 323 of BNSS before the Additional Chief Judicial Magistrate, Barabanki. 5. The Court duly considered the complaint as well as statement recorded under Section 200 Cr.P.C. and found it a fit case for interference and accordingly had summoned the accused persons. In the summoning order dated 11.02.2025, the accused have been summoned only under Sections 115(2), 352 and 351 BNSS. 6. Grievance raised by the applicant in the present application is that as per complaint the trial Court ought to have summoned the accused under Sections 419, 420, 467, 468, 471 I.P.C. and accordingly direction should be issued to the said effect to the trial Court. 7. Learned A.G.A. has opposed the application. He has submitted that in Section 210 BNSS, it has been provided that Magistrate may take cognizance of any offence on receiving a complaint on facts including any complaint authorized under special law which constitute such an offence. 8. At the stage of taking cognizance only relevant aspect would be that the complainant has made out a cognizable case, from the facts disclosed and accordingly at this stage only cognizance is taken and the accused is summoned. With regard to prosecution of the accused under specific Sections would arise only at the stage of framing of charges, which the stage subsequent to summoning of the accused. Even in case, any particular Section have been omitted which on reading the complaint may make out cognizable case which may have not been included in the summoning order, would not render such an order liable for interference by this Court under Section 528 of BNSS, inasmuch as the application of mind in this regard would be at the subsequent state of framing of charges where all the material is available with the Magistrate at that particular stage and they would be liable to be considered by the trial Court. 9. Accordingly, for the reasons aforesaid, this Court do not find any infirmity in the order dated 11.02.2025, nor any requirement for interference in the matter at this stage for the directions prayed for by the applicant. 10. The application being devoid of merits is rejected. Order Date :- 8.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench