HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9547 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants and learned AGA for the State-respondent. 2. This application has been filed by applicants for quashing the entire proceedings of Complaint Case No.202 of 2024, under Sections 363, 366, 376-D, 506 I.P.C. and Section 5/6 POCSO Act, Police Station Jait, District Mathura pending in the court of Additional Sessions Judge/Special Judge (POCSO Act), Mathura as well as summoning order dated 101.2025. 3. It is submitted by learned counsel for the applicants that the applicants have been summoned under Sections 363, 366, 376-D, 506 I.P.C. and Section 5/6 POCSO Act. The court concerned has summoned the applicants without complying with the provisions of Section 223 BNSS. Under proviso to sub-clause (1) of Section 223 BNSS the court concerned could not have taken cognizance without giving opportunity of hearing. In the present case, no opportunity of hearing was granted to the applicants prior to summoning the applicants. 4. Learned counsel for the opposite party no.2 could not dispute the fact that no opportunity of hearing has been granted in terms of Section 223 BNSS and submits that the matter may be remanded back to the court concerned for taking decision afresh. Versus Counsel for Applicant(s) : Ashish Kumar, Syed Mohammad Abbas Abdy Counsel for Opposite Party(s) : G.A., Shivam Shukla, Vinod Kumar Jaisingh Sinsinwar And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. In view of the aforesaid, the impugned order dated 10.1.2025 is hereby set aside. The present application is allowed and the parties are relegated back to the court concerned for taking decision afresh after giving opportunity of hearing to the parties. The parties shall appear before the court concerned on 11.11.2025. October 14, 2025 Bhaskar NA528 No. 9547 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad