HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 52020 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Umesh Chandra Prajapati, holding brief of Mr. Shashank Maurya, learned counsel for the applicant, Mr. Atharva Dixit, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed with a prayer to allow this application and quash the impugned Order dated 22-10- 2025 passed by the learned Additional Chief Judicial Magistrate, I, Court No. 12, Jaunpur in Criminal Case No. 6331 of 2024 (State Vs. Vinod Kumar Sinha) arising out of Case Crime No. 0008 of 2022, under Sections 498-A, 323, 504, 506, 313, 377 IPC and 3/4 D.P. Act, Police Station-Mahila Thana, District-Jaunpur, which is pending before the learned Additional Chief Judicial Magistrate, I, Court No. 12, Jaunpur. 3. Learned counsel for the applicant has raised serious objection that the applicant has been summoned under Sections 313 and 406 IPC in an application moved under Section 323 Cr.P.C. 4. The provision of Section 323 Cr.P.C. reads as follows: "If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provision of Chapter XVIII shall apply to the commitment so made." 5. Considering the fact that when the application was moved, no such Versus Counsel for Applicant(s) : Shashank Maurya, Sweta Gaur Counsel for Opposite Party(s) : Atharva Dixit, G.A., Karan Pandey Dr Vinod Kumar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) material was available under Sections 313 and 406 IPC and the matter has been wrongly committed to the Court of Session which is an abuse of the process of law. 6. Accordingly, in the interest of justice, the order dated 22.10.2025 is hereby set aside and the matter is remitted back to the Court concerned with a direction to reconsider the matter and pass an appropriate order afresh under Section 216 Cr.P.C. expeditiously, in accordance with law, after giving opportunity of hearing to both the parties, if there is no other legal impediment. 7. The application u/s 528 BNSS is, accordingly allowed. April 2, 2026 Shivani NA528 No. 52020 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad