HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1055 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. 2. As the matter is being decided at the admission stage itself, issuance of notice to opposite party no. 2 is hereby dispensed with. 3. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to quash the entire proceedings of Criminal Case No.1420/2025 (State Vs. Dinesh Kumar and others), pending in the Court of learned Additional Chief Judicial Magistrate-IV, Unnao, arising out of non-cognizable report (NCR) No.07/2025 under Sections 115(2) and 352 B.N.S. lodged at Police Station Asoha, District Unnao and to quash the charge-sheet dated 10.04.2025 filed in the aforesaid N.C.R. and the cognizance/summoning order passed in the aforesaid case. 4. It is argued by learned counsel for the applicants that the learned trial Court has committed glaring error while taking cognizance of the offence under Sections 115(2) and 352 B.N.S. as the same is barred by Section 2(1)(h) B.N.S. 5. He submitted that since the aforesaid provision mandates that for the offence under Sections 115 and 352 B.N.S. the matter can run as a complaint case, thus, the whole proceedings of taking cognizance and issuing process impugned herein are liable to be set-aside. Versus Counsel for Applicant(s) : Sudhir Kumar Rai Counsel for Opposite Party(s) : G.A. Avinash Kumar And 3 Others .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another .....Opposite Party(s) 6. Learned A.G.A. appearing for the State could not dispute the aforesaid. 7. Considering the submissions of learned counsel for the parties, it is apparent that the order of cognizance is erroneous in the light of applicability of the provision of Section 2(1)(h) B.N.S., therefore, the criminal proceeding of Case No.1420/25 is hereby quashed. 8. The trial Court concerned may proceed in accordance with law. 9. The application is allowed accordingly. (Shree Prakash Singh,J.) August 28, 2025 MVS/- NA528 No. 1055 of 2025 2 Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench