HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6286 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Heard Sri Shahnawaz Khan, learned counsel for the applicants and Sri Ashwani Kumar Rai, learned A.G.A. for the State and perused material on record. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 30.09.2024 passed by Chief Judicial Magistrate, Basti in Complaint Case No. 499/12/2024 whereby the learned Magistrate treated the application under Section 173(4) B.N.S. (under Section 156(3) of Cr.P.C.) as complaint case and issue a mandatory notice in the first proviso of sub-Section 1 of Section 223 by same order. Learned counsel for the applicants submits that the impugned orders has been passed without considering the facts and circumstances of the case and position of law. The first proviso of Sub Section 1 of Section 223 of B.N.S. provides to hear the present applicants/ accused persons after recording the statements of the complainant as well as witnesses. In view of the facts and circumstances, there is no other point for consideration except the application of first proviso of sub- Section 1 of Section 223 of B.N.S., due to this reason the Versus Counsel for Applicant(s) : Shaheen Bano, Shahnawaz Khan Counsel for Opposite Party(s) : Pallavi Singh And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) opportunity of hearing to the opposite party no. 2 dispensed with. In view of the above, the order dated 30.09.2024 is quashed, the concerned Magistrate is directed to comply the order in pursuance of the first proviso of sub-Section 1 of Section 223 of B.N.S. in true letter and spirit. The present application is disposed off accordingly. September 26, 2025 Ishan NA528 No. 6286 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad