HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1228 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicant, 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, 2023 has been filed for the following main relief(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may pleased to allow this instant petition under section 482 Cr.P.C/now section 528 B.N.S.S and may pleased to set aside/ quash the impugned summoning order dated 14/02/2025 (contained as Annexure No.1) whereby the learned court of Additional District & Session Judge/ Special Judge (S.C/S.T Act), Lakhimpur Kheri has summoned the present applicant in Complaint Case No.-119/2024 titled as Achal Sen Vs. Govind Kala Nidhi Sharma under sections:- 115(2), 352, 351(1)/ 3, 332(C), 324 (4) B.N.S and Section 3(2) Va of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (Amendment, 2015), Police Station- Bhira, District:-Lakhimpur Kheri, Uttar Pradesh in the said court and to quash all the consequential proceeding of present case in the interest of justice. Further, it is most humbly prayed from this Hon'ble Court may during the pendency of this instant 482 Cr.P.C/ now section 528 B.N.S.S no as preferred by the present applicant to stay the proceedings of the complainant case i.e. Complaint Case No.-119/2024 titled as Achal Sen Vs. Govind Kala Nidhi Sharma as pending in the learned court of Additional District & Session Judge/ Special Judge (S.CS.T Act), Versus Counsel for Applicant(s) : Suyesh Pradhan Counsel for Opposite Party(s) : G.A. Kala Nidhi Sharma @ Govind Kala Nidhi Sharma .....Applicant(s) The State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Lakhimpur Kheri during the pendency of this instant criminal appeal as in interest of justice." 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 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 14.02.2025, passed by Additional District & Session Judge/Special Judge (S.C/S.T Act), Lakhimpur Kheri in Complaint Case No.- 119/2024 (Achal Sen Vs. Govind Kala Nidhi Sharma) under sections 115(2), 352, 351(1)/ 3, 332(C), 324 (4) B.N.S and Section 3(2) Va of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (Amendment, 2015), Police Station - Bhira, District -Lakhimpur Kheri is hereby quashed/set aside. The Court concerned is directed to pass order afresh strictly in accordance with law, including as above, within a period of three weeks from today. With the aforesaid, the present application is allowed. September 18, 2025 ML/- NA528 No. 1228 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench