HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2109 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application has been filed seeking quashing of the impugned summoning order dated 24.01.2025 passed by Additional Chief Judicial Magistrate-II, Room No.26, Lucknow in Misc. Case No. 4631/2024 (Tarun Kumar Jaiswal Vs. Sarika Jaiswal & Others), under Section 175(3) of BNSS, Police Station Bijnore, District-Lucknow. Vide the impugned order dated 24.01.2025, the application under Section 175(3) BNSS has been treated as complaint case and at the same time, the Court has summoned the applicants to submit their reply in view of Section 223 BNSS, which is a statutory provision. Under Section 223 BNSS, the proviso is clear to the extent that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. The impugned order is related to only that extent and after hearing the applicants, stage of cognizance will begin. Application is premature in nature and is, accordingly, rejected. December 11, 2025/Mohit Singh/- Versus Counsel for Applicant(s) : Rajendra Kumar Rajbhar, Vijay Kumar Jaiswal Counsel for Opposite Party(s) : G.A. (Brij Raj Singh,J.) Pyare Lal And 3 Others .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. / Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench