Neutral Citation No. - 2025:AHC:69970 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5881 of 2025 Applicant :- Jitendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. Kamlesh Kumar,Rakesh Kumar Counsel for Opposite Party :- Dinesh Kumar,G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Dr. Kamlesh Kumar, learned counsel for the applicants, Mr. Paritosh Shukla, Advocate holding brief of Mr. Dinesh Kumar, learned counsel for the opposite party no.2 as well as Mr. Mayank Awasthi, learned A.G.A. for the State and perused the record. This application 528 BNSS has been filed with the following prayer :- "It, is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application under section 528 of B.N.S.S. and quash the impugned order dated 12.12.2024 passed by Learned Chief Judicial Magistrate, Amroha as well as entire proceedings of Case No. 1561 of 2024, Complainant Surendra Singh, Case Crime No. 445 of 2023, Under Section 420, 406, 120-B of 1.P.C. Police Station -Gajraula, District- Amroha. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Case No. 1561 of 2024, Complainant Surendra Singh, Case Crime No. 445 of 2023, Under Section 420, 406, 120-B of I.P.C. Police Station -Gajraula, District-Amroha, pending in the court of Learned Chief Judicial Magistrate, Amroha during the pendency of instant application U/s 528 of B.N.S.S. And/or pass any other and further as this Hon'ble Court may deem fit and proper under the circumstances of the present case." An FIR was lodged on 29.07.2023 at 15.57 hours against three named accused in which after investigation, a final report has been submitted on 05.12.2023. A protest petition was filed on 21.10.2024 on which a order impugned dated 12.12.2024 has been passed which is under challenged. At the very outset, counsel for the parties submit that present application be disposed of finally at the admission stage itself. Accordingly, with the consent of the counsel for the parties and as provided under the Rules of the Court, present application is being decided finally at the admission stage. Learned counsel for the applicants submits that the order impugned has been passed in a mechanical manner and it is manifestly illegal being in excess of jurisdiction. He further submits that once the final report has been rejected by the court concerned, there was no occasion for the same to be treated as State case as no police report was in existence. To clarify the position, he further contends that once on the same evidence a final report has been submitted, there was no occasion for rejecting the final report and on the basis of same evidence treating the same as State case. Thus, the order impugned is illegal and bad in the eyes of law. In support of his submission, he has relied upon a judgment passed by Co-ordinate Bench of this Court dated 22.07.2022 in Application U/S 482 No. - 14899 of 2022 (Dabeer And 9 Others vs. State of U.P. and Another). He has also placed reliance upon a judgment passed by Co-ordinate Bench of this Court dated 07.04.2025 in Application U/S 528 BNSS No. - 11002 of 2025 (Murari @ Murarilal Sharma And 2 Others vs. State of U.P. and Another), therefore, the impugned order dated 12.12.2024 may be set-aside. Learned counsel for the opposite party no.2 as well as learned A.G.A. for the State could not dispute the aforesaid legal submissions advanced by learned counsel for the applicants. In view of the above, the summoning order dated 12.12.2024 is set-aside and the matter shall stand remitted to Court concerned for passing a fresh order in the light of observations made herein above, in accordance with law. The necessary exercise shall be undertaken by Court below within a period of two months from the date of presentation of a certified copy of this order. The present application filed under Section 528 BNSS stands allowed accordingly. Office is directed to communicate this order to the Court concerned forthwith. Order Date :- 2.5.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad