HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35206 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Heard Shri Pranvesh, Advocate holding brief of Sri Agnivesh, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Criminal Case No. 434 of 2024, arising out of Case Crime No. 7 of 2022, under Sections 323, 354, 452, 504, 506 of I.P.C., Police Station- Meerapur, District- Farrukhabad, as well as cognizance/ summoning order dated 05.01.2024 pending in the Court of Additional Chief Judicial Magistrate, Farrukhabad. Learned counsel for the applicants submits that the cognizance/ summoning order has been passed without considering the facts and circumstances of the case and position of law. It is further submitted that the charge-sheet has not been submitted under Section 452, 354 of I.P.C. inspite of that cognizance order has been passed, after adding the offence punishable under Sections 452, 354 of I.P.C. In support of his submission, learned counsel for the applicants relied upon a judgment of the Apex Court in State of Gujarat Vs. Girish Radhakrishnan Varde (2014) 3 SCC 659, wherein, it has been observed that since the instant case is based on the F.I.R. lodged before the police, the correct stage for addition or subtraction of the sections will have to be determined at the time of framing of charge. There is no point to consideration except the aforesaid cognizance order, which has been passed after adding the sections 452, 354 of I.P.C., due to Versus Counsel for Applicant(s) : Agnivesh, Jadu Nandan Yadav Counsel for Opposite Party(s) : G.A. Gulshan Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) this reason, the opportunity to file counter affidavit to the opposite party no. 2 is dispensed with. Keeping in mind the position of law and facts, circumstances of the case, the present application under Section 528 of the B.N.S. stands allowed. Accordingly, the present application is allowed and the cognizance/ summoning order dated 05.01.2024 passed in Additional Chief Judicial Magistrate, Farrukhabad, in Criminal Case No. 434 of 2024, arising out of Case Crime No. 7 of 2022, under Sections 323, 354, 452, 504, 506 of I.P.C. Police Station- Meerapur, District Farrukhabad pending in the Court of Additional Chief Judicial Magistrate, Farrukhabad, is hereby set-aside with a direction to the learned Magistrate to pass a fresh order in accordance with law for taking cognizance on the charge-sheet submitted by the police. October 13, 2025 Ishan NA528 No. 35206 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad