Neutral Citation No. - 2025:AHC-LKO:26807 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3879 of 2025 Applicant :- Saddam Alias Kayyum And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shafat Ullah Khan Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for applicants, learned A.G.A. for the State and perused the material available on record. 2. By mans of the present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) the applicants have challenged the summoning order dated 25.01.2024 as well as order dated 15.02.2025 passed by learned Judicial Magistrate, Safipur, Unnao in Case No. 1429 of 2022, under Sections 323, 504, 506 and 452 IPC Police Station Fatehpur Chaurasi, District Unnao whereby the applicants have been summoned. 3. It has been submitted by learned counsel for applicants that a complaint was registered by opposite party no. 2 with regard to the incident occurred on 02.08.2021 where it has been stated that at about 5:00 O'clock when the complainant was sweeping at the door of her house, then Saddam alias Kayum, Raza, Babu and Ayub came there out which Saddam alias Kayum and Raza started abusing her and physically assaulted her and entered in her house. The complaint was left half naked and thereafter all the accused persons assaulted her and left after giving threats of her life. The complainant supported the prosecution version in her statement recorded under Section 200 Cr.P.C. and the statements of witnesses, namely, Anees and Ikrar were also recorded under Section 202 Cr.P.C. 4. Learned counsel for applicants has submitted that the entire proceedings have been actuated with malice, inasmuch as, the applicants have lodged an FIR against the complainant and others persons regarding incident dated 12.07.2021 vide Case Crime No.240 of 2021 under Sections 147, 148, 452, 323, 324, 504 & 506 IPC. It is further submitted that after lodging of the said complaint, a report from the police was sought and the police had submitted its report on 25.08.2021 indicating the aforesaid incident. 5. The main crux of the argument of learned counsel for applicants is that as per the police report, the applicants are not involved in the said incident and accordingly no cognizance of the offence should have been taken and prayed for quashing of the entire proceedings of the aforesaid complaint case. 6. Learned A.G.A. for the State has opposed the application under Section 528 of the BNSS and submits that the learned Magistrate is duty bound to consider the entire material on record including the statements of complainant and witnesses recorded under Section 200 and 202 Cr.P.C. and any other report, which has been adduced. It has a prima facie satisfaction of the learned Magistrate with regard to the happening of cognizable offence due to which summons have been issued. He has further submitted that in the present case, the complaint and statements of complainant and witnesses recorded under Section 200 and 202 Cr.P.C. has clearly disclosed the cognizable offence and therefore, there is no infirmity in the impugned order passed by the learned Magistrate. 7. After rival submissions of learned counsel for parties, it is noticed that complainant has clearly narrated the incident and she has been assaulted and abused by the accused persons and the allegations levelled against the applicants are duly supported in the statements of the complainant and witnesses recorded under Section 200 Cr.P.C. and 202 Cr.P.C. Even though there is previous history of litigation between the parties, inasmuch as, the applicants side have lodged an FIR against the complainant would not be a ground to set aside the proceedings, inasmuch as it may be correct that either the present proceedings have been initiated as a counter blast or on the other hand may be a motive for the applicants to commit the present offence. 8. In any view of the matter, at this stage of summoning, the learned Magistrate has to form a prima facie opinion with regard to the occurrence of a cognizable offence, which is clearly made out from perusal of the complaint as well as statements recorded under Section 200 and 202 Cr.P.C. accordingly, the summoning order cannot be altered on this account. 9. In light of the aforesaid, this Court finds that sufficient reasons have been indicated by the learned Magistrate and he has duly considered the statements recorded during the proceedings. 10. The application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) being devoid of merits is accordingly dismissed. . (Alok Mathur, J.) Order Date :- 7.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench