HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8232 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet dated 18.08.2024 in NCR No. 30 of 2021, under Sections 323/504 IPC, Police Station Musafirkhana, District Amethi and summoning order dated 04.04.2025 as well as further criminal proceedings in Criminal Case No. 233 of 2025; State of U.P. Vs. Babbi urf Sameer Khan and others, pending in the court Judicial Magistrate, Musafirkhana, District Sultanpur. Challenge is laid to the summoning order dated 04th of April, 2025, on the ground that the learned trial court has erroneously taken cognizance and issued summons under Sections 323/504 IPC, though the same is barred by the provisions of Section 2(d) of Cr.P.C. She submits that the whole proceeding vitiates in the eyes of law. Thus, submission is that the order dated 04th of April, 2025 may be set side. Learned AGA for the State has no objection to the contentions aforesaid. Versus Counsel for Applicant(s) : Arti Shukla Counsel for Opposite Party(s) : G.A. Rakshak Singh @ Harit Prakash Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Considering the submissions of learned counsel for the parties, it is apparent that the learned Magistrate has taken cognizance under Sections 323/504 IPC and has issued process on a police report, which is impermissible, as is provided under Section 2(d) of the Code of Criminal Procedure. Thus, the impugned order dated 04.04.2025 is hereby set aside. The instant application U/s 482 Cr.P.C. is allowed. The trial court is at liberty to proceed in accordance with law. September 25, 2025 kkv/ A482 No. 8232 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench