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Neutral Citation No. - 2025:AHC:41769 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 9251 of 2025 Applicant :- Mohammad Kasif And Another Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Arvind Singh Patel, learned counsel for the applicants as well as learned AGA for the State.
2. This application U/s 528 of BNSS has been filed for quashing the impugned order dated 23.09.2021 passed by Additional Chief Judicial Magistrate-I, Bareilly as well as order dated 10.12.2021 passed by Additional Chief Judicial Magistrate-I, Bareilly in Complaint Case No. 4377 of 2021 (State Vs. Mohd. Ajeem and another) under Section 26(2)(iii)/63 of FSS Act 2006, P.S. Deoraniya, District Bareilly, pending in the Court of Additional Chief Judicial Magistrate-I, Bareilly.
3. Learned counsel for the applicant has argued that applicant No. 1 is the owner of the premises from where the incriminating articles were found, applicant no. 2 is the Manager.
4. On a specific query being made to the learned counsel for the applicant as to what is the illegality in the summoning order,
learned counsel could not point out any infirmity. Apart from the same, the Court finds that there is no jurisdictional error committed in lodging of the complaint. Thus, in taking cognizance of the complaint sought to be lodged by the opposite party no. 2, no ground is made out for interference.
5. Accordingly, the application is consigned to record.
Order Date :- 21.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad