HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1086 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard Shri Sudhir Kumar Rai, learned counsel for the applicant, Shri S.P. Tiwari, learned A.G.A. for the State and perused the record. For the orders proposed to be passed, notice to the opposite party No.2 is hereby dispensed with. The present application under Section 528 of BNSS (akin to Section 482 Cr.P.C.) has been filed for the following main relief(s):- "I. Quash the entire criminal proceedings in Complaint/ Special Session trial case No. 333/2025 (State vs MS Super Cure Biotech Pvt. Ltd.), pending before the Court of Additional District & Sessions Judge, Court no-7, Unnao, arising out of Complaint case No.333/2025 under Sections 17A, 18a(I), 22cca, 27(a) of Drugs and Cosmetics Act 1940, including the cognizance and summoning order dated 15.10.2024 (Annexure No.02) passed by the learned court of Chief Judicial Magistrate, Unnao. II. Stay further proceedings of the aforesaid case pending before court of Additional District & Sessions Judge, Court no- 7, Unnao, during the pendency of the present petition." Versus Counsel for Applicant(s) : Sudhir Kumar Rai Counsel for Opposite Party(s) : G.A. Ms Super Cure Biotech Pvt. Ltd Thru. M.D. Viresh Kumar .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Upon due consideration of the submissions advanced by learned counsel for the parties and first proviso to Section 223 (1) of BNSS, 2023 and also the observations of Hon'ble Apex Court in the case of Yash Tuteja Vs. Union of India reported in 2024 SCC OnLine SC 533, Tarsem Lal Vs. Enforcement Directorate reported in (2024) 7 SCC 61 and Kushal Kumar Agarwal Vs. Directorate of Enforcement, reported in 2025 SCC OnLine SC 1221 as also by this Court in the case of Mohd. Muzayyn Vs. State of U.P. and Another, Neutral Citation No.2025:AHC:65284 [Application U/S 528 BNSS No.9725 of 2025], this court is of the view that an opportunity ought to have been provided to the applicant by the Magistrate before proceeding further in the matter, which has not been provided and therefore the indulgence of this Court is required. The summoning order dated 15.10.2024, passed by the Chief Judicial Magistrate, Unnao in Criminal Complaint/S.T. No.333/2025 (State vs Ms Super Cure Biotech Pvt. Ltd.), pending before the Court of Additional District & Sessions Judge, Court No.7, Unnao, arising out of Complaint Case No.333/2025, under Sections 17A, 18a(I), 22cca, 27(a) of Drugs and Cosmetics Act, 1940, is hereby quashed/set aside. The Magistrate/Court concerned is directed to pass a fresh order within a period of three weeks. With the aforesaid, the present application is allowed. September 2, 2025 ML/- NA528 No. 1086 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench