Neutral Citation No. - 2025:AHC:30204 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4258 of 2025 Applicant :- Kiran Verma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajneesh Kumar Sharma,Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Vinod Shankar Tripathi, learned counsel for the applicants who are four in number and Sri Sudhir Kumar Chandraul, learned AGA for the State-opposite party nos. 1 and 2. 2. The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits thus with the consent of the parties, the application is being decided at the fresh stage. 3. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Case No.378 of 2024 (State Vs. Akshay @ Golu and others), arising out of case crime no.272 of 2023, under Sections 147, 323, 504, 506, 341, 188 IPC, Police Station- Sadar Bazar, District Saharanpur, pending before the court of learned Chief Judicial Magistrate, Saharanpur. 3. Learned counsel for the applicants submits that an FIR stood lodged under Sections 147, 323, 504, 506, 147, 188 of the IPC being FIR No. 0272 of 2023, on 20.06.2023 at 18.30 hours against the applicant nos. 1 and 2 and along with one another and 15-20 un-named accused relatable to the commission of the offences on 20.06.2023 whereby the applicants created a situation which was in furtherance of commission of the offence. Learned counsel for the applicants further submits that a charge-sheet stood submitted against the applicants under Sections 323, 504, 506, 341 and 188 of the IPC on 18.8.2023, however, the Chief Judicial Magistrate, Saharanpur had issued summons on 09.01.2024, under Sections 147, 323, 504, 506, 341 and 188 IPC that too in a mechanical manner. 4. Submission is that once in the charge-sheet itself Section 147 IPC stood expunged then Magistrate could not add or substract any of the penal of the provisions in view of the judgment in Hon'ble Apex Court in the case of State of Gujarat v. Girish Radhakrishnan Varde, AIR 2014 SC 620. He thus submits that the order be set aside and the matter be remitted back for fresh consideration. 5. Learned AGA on the other hand submits that there happens to be a discrepancy which has crypted in the summoning order, according to him, the order be set aside and matter be remitted back to pass fresh order. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands partly allowed quashing the order dated 09.01.2024 passed by the Chief Judicial Magistrate, Saharanpur to pass a fresh order strictly in accordance with law. Order Date :- 3.3.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad