HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1267 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire criminal proceedings in Criminal Trial No. 16938/2025, registered as 'State of UP Versus Tirathram arising out of the Case Crime No. 137/2025 U/Ss. 419, 420, 467, 468 & 471 1.P.C., Police Station- Paraspur District- Gonda, wherein the Learned Court of Addl. Civil Judge (J.D.)/J.M., Gonda, taking cognizance upon the Charge sheet dated 24.06.2025 has summoned the petitioner vide order dated 19.08.2025 in a mechanical manner as contained in Annexure No. 1, 2 & 3 respectively to the accompanying affidavit, in interest of justice." 3. It is argued by learned counsel for the applicant that the FIR was lodged bearing Case Crime No.137 of 2025 under Sections 419, 420, 467, 468 & 471 of IPC at Police Station Paraspur, District Gonda with the allegation that cheat and fraud has been committed in allotment of fair price shop licence. He submits that after the investigation, the chargesheet has also been filed under Sections 419, 420, 467, 468 & 471 of IPC and, thereafter the Magistrate took cognizance and issued process vide order dated 19.08.2025. 4. He has drawn attention towards the order dated 19.08.2025, Versus Counsel for Applicant(s) : Ashish Kumar Singh, Shakeel Qureshi Counsel for Opposite Party(s) : G.A. Tirathram .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s) which is appended at page 53 of this application, and submitted that there is no application of mind by the trial court as the summoning order finds mention of the injury report, X-ray plate, Naksha Nagri, whereas this is a case for allegation of committing cheat and fraud and, therefore, there can be no such evidence at all. It, prima facie, shows that the order dated 19.08.2025 has been passed in a cavalier manner. He added that the order itself shows that there is no application of judicial mind and, therefore, submission is that the order dated 19.08.2025 may be set aside. 5. On the other hand, learned A.G.A. appearing the State could not dispute the aforesaid contention. 6. Considering the submissions of learned counsel for the parties, it is apparent from the order dated 19.08.2025 that the learned trial court while taking cognizance and issuing process in the present matter has taken into consideration, the injury report and X-ray plate though there can be no such kind of evidences in the cases of cheat and fraud. 7. Consequently, the summoning order dated 19.08.2025 is hereby set aside. 8. Matter is remitted back to the trial court concerned to pass afresh, order within a period of 45 days from the date of this order. 9. With the aforesaid observations, the instant application is hereby allowed, at the admission stage. September 19, 2025 Mohd. Sharif NA528 No. 1267 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench