HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1168 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard Shri Dharm Raj Mishra, learned counsel for the applicant, Shri S.P. Tiwari, learned A.G.A. for the State as well as Shri Raghvendra Singh, Advocate and Shri Sushil Kumar Singh, Advocate, who has put in appearance on behalf of the opposite party No.2 and have filed Vakalatnama, which is taken on record. The present application under Section 528 BNSS has been filed for the following main relief(s):- "to quash/set-aside the entire proceedings of Complaint Case No. 33842 of 2024 under Section 376, 323, 506, IPC, Police Station Itiyathok, District Gonda and also to quash the summoning order dated 7.5.2025 (Annexure No.3) as passed by the Learned Additional civil judge (S.D)/additional Chief Judicial Magistrate, Gonda, in the interest of justice and this hon'ble court may kindly further be pleased to allow the petition with costs." Upon due consideration of the submissions advanced by 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 at Allahabad 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 07.05.2025, passed by Additional Civil Judge Versus Counsel for Applicant(s) : Dharm Raj Mishra Counsel for Opposite Party(s) : G.A. Baijnath Alias Kabil And Another .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) (S.D.)/Additional Chief Judicial Magistrate, Gonda in Complaint Case No.33842 of 2024, under Sections 376, 323, 506, IPC, Police Station- Itiyathok, District-Gonda is hereby set aside. The Magistrate concerned is directed to pass a fresh order within a period of three weeks. With the aforesaid, the present application is allowed. September 9, 2025 Mohit Singh/- NA528 No. 1168 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench