HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24606 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant application under section 528 BNSS has been preferred to quash the impugned order dated 26.06.2025 passed by learned Additional Session Judge, Court No.1, Siddharth Nagar in Session Trial No.123 of 2016 (State vs. Afzal Husain @ Laddan and Others), whereby application under section 319 Cr.P.C. has been allowed and the applicants have been summoned to face the trial under sections 147, 148, 323, 504, 506, 307 IPC in pursuance to Case Crime No.1183 of 2015, P.S. Kotwali Lotan, District- Siddharth Nagar. 3. Learned counsel for the applicants submitted that the impugned order has been passed by learned court concerned is illegal and against the material available on record; the grounds taken up by learned court concerned while considering the application under section 319 Cr.P.C. is not sustainable in the eye of law and as such impugned order is liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that section 319 Cr.P.C. empowers the learned trial court to summon and try any person who is not an accused but whose commission of an offence appears from the evidence presented during an inquiry or trial and as such the impugned order is well within the purview of law. Versus Counsel for Applicant(s) : Gaurav Tiwari, Zia Uddin Ahmad Counsel for Opposite Party(s) : G.A. Ekhalak Husen And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, no interference is required by this Court to entertain this application. 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. October 15, 2025 Saif NA528 No. 24606 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad