HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1107 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. The impugned order of cognizance dated 30.01.2025 passed by the learned trial court is cryptic in nature and does not assign any reasons. The order is vitiated by non application of mind. The said order is in the teeth of law laid down by the Supreme Court in Dinesh Gupta Vs State of Uttar Pradesh and another reported at 2024 SC 35, wherein it was held as: "26. The Chief Judicial Magistrate, Gautam Budh Nagar, vide order dated 15.02.2021 took cognizance thereof and issued summons to the accused. The order shows no application of mind, as no reasons have been assigned. The Magistrate also did not take into consideration the address of the complainant and the accused companies as also the addresses of their Directors. There was complete lack of application of mind while taking cognizance and issuing summons." Learned AGA as well as Sri Avikshit Mishra, learned counsel for the opposite party no. 2 could not dispute the aforesaid fact upon a perusal of the impugned order and cognizance of the trial court. In this wake, this Court finds that the impugned cognizance order dated 30.01.2025 is in the teeth of law laid down in Dinesh Gupta (supra). The impugned cognizance order dated Versus Counsel for Applicant(s) : Rajiva Dubey Counsel for Opposite Party(s) : G.A. Santosh Singh And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Civil Sectt. Lko. And Another .....Opposite Party(s) 30.01.2025 is liable to be quashed and is quashed. The matter is remanded to the learned trial court with the following directions: i. The learned trial court shall pass a fresh order after due application of mind reflecting the relevant reasons. ii. The order should be passed in consistent with the law laid down in Dinesh Gupta (supra). iii. The exercise shall be completed within a period of one month. All parties are directed to cooperate in the proceedings. The Application U/S 528 BNS is allowed. September 8, 2025 Pravin NA528 No. 1107 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad, Lucknow Bench