Neutral Citation No. - 2025:AHC-LKO:46355 Court No. - 11 Case :- APPLICATION U/S 528 BNSS No. - 919 of 2025 Applicant :- Kusum Lata Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Health And Family Welfare Lko. And Another Counsel for Applicant :- Bal Keshwar Srivastava,Aniket Srivastav,Rajneesh Maurya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Shri Balkeshwar Srivastava, learned counsel for the applicant, Shri S.P. Tiwari, learned AGA for the State and perused the record. The present application under Section 528 of BNSS, 2023 has been filed for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire criminal proceedings arising out of Complaint Case No. 477 of 2025, including the cognizance and summoning order dated 31.01.2025, passed by the Learned Chief Judicial Magistrate, Ambedkar Nagar, under Sections erroneously cited as 18A(i) and 27(d) of the Drugs and Cosmetics Act, 1940, pending against the applicant in respect of M/s Ashutosh Medical Store, District Ambedkar Nagar, for securing the ends of justice and preventing abuse of the process of law." The impugned order dated 31.01.2025, passed by the Chief Judicial Magistrate, Ambedkar Nagar reads as under :- "31/01/25 आज पररिववाद अंतररत धवारिवा 18(A) (i)/27(d) डडर एवअं कवास्ममेटटिक अधध० 1940 टवभवार ककी ओरि समे प्रस्ततुत टकयवा रयवा। पररिववाद कमे रूप मम दजर रिधज० हहो। अटभ०रण कहो सम्मन जवारिरी हहो। पतवावलरी टदनवाअंक 28.02.25 कहो ववास्तमे हवा० हमेततु पमेश हहो।" Challenging the impugned order it is stated by learned counsel for the applicant that the Magistrate has passed the impugned summoning order without applying his mind. Elaborating the same, it is stated that under the Drugs and Cosmetics Act, 1940 (in short "Act of 1940") there is no such section under which the applicant has been summoned to face trial, i.e. Section 18 (a)(i) of the Act of 1940. This court after taking note of the Act of 1940 finds force in the submission of learned counsel for the applicant. Accordingly, the order dated 31.01.2025, passed by the Chief Judicial Magistrate, Ambedkar Nagar in Complaint Case No.477 of 2025 is set aside. The matter is remanded back to the Chief Judicial Magistrate, Ambedkar Nagar to pass order afresh after taking note of the facts of the case and law on the issue. With the aforesaid, the instant application is disposed of. Order Date :- 8.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench