HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 11443 of 2025 Court No. - 51 HON'BLE MADAN PAL SINGH, J. 1. Heard Sri Prateek Mishra along with Sri Shivansh Mehta, learned counsel for the appellant; Sri Puneet Bhadauria, learned counsel for opposite party no. 2; and the learned AGA for the State, and perused the record. 2. By means of the present criminal appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellant has assailed the legality and validity of the summoning order dated 27.02.2025, whereby the Special Judge, SC/ST Act, Varanasi, while entertaining Case No. 1000 of 2024, (Pappu Sonkar Vs. Sameer Singh & Ors.), has summoned the appellants to face trial under Sections 323, 504, 506 IPC and Sections 3(1)(da), 3(1)(dha) of the SC/ST Act, Police Station Cantt. District- Varanasi. 3. Learned counsel for the appellant mainly submitted that in the present case, the complaint has been filed by the opposite party no.2 and statement of opposite party no.2 has been recorded under Section 200 Cr.P.C. on 8th August, 2024, whereas statements of witnesses have been recorded under Section 202 Cr.P.C. on 3rd October, 2024 but the trial court before summoning the appellants, have not afforded any opportunity of hearing to them as is mandatory as per provisions of Section 223 (1) B.N.S.S. which has been introduced on 4th July, 2023. Versus Counsel for Appellant(s) : Bairister Singh Counsel for Respondent(s) : Anand Kapoor Pandey, G.A., Sandeep Kumar Singh, Sandeep Srivastava Sameer Singh And Another .....Appellant(s) State of U.P. and Another .....Respondent(s) 4. On the above premise, learned counsel for the appellants submits that the trial court while passing the summoning order has committed gross error therefore, the same is liable to be set aside. ] 5. The learned counsel for opposite party no.2 and the learned A.G.A. for the State could not dispute the above submissions made by the learned counsel for the appellants. 6. I have considered the facts and circumstances of the case, the submissions made by the learned counsel for the appellants, learned counsel for opposite party no.2 and the learned A.G.A. for the State and perused the entire records including the order impugned. 7. From deeper scrutiny of the order impugned along with other records, this Court finds substance in the submission made by the learned counsel for the appellants that the trial court has committed gross error in passing the impugned order while summoning the appellants without affording opportunity of hearing to them as is mandatory under Section 223 (2) of B.N.S.S., 2023. 8. Under such circumstances, this Court finds that the impugned order passed by the trial court while rejecting the application of the appellants cannot be legally sustained and is liable to be set aside. 9. Consequently, cognizance/summoning order dated summoning order dated 27.02.2025 passed by the Special Judge (SC/ST P.A. Act), Mau, in Case No. 1000 of 2024, (Pappu Sonkar Vs. Sameer Singh & Ors.), under Sections 323, 504, 506 IPC and Sections 3(1)(da), 3(1)(dha) of the SC/ST Act is set aside. 10. The trial court is directed to consider and decide the Case No. 1000 of 2024, Sections 323, 504, 506 IPC and Sections 3(1)(da), 3(1)(dha) of the SC/ST Act, afresh on merits, in accordance with law, by means of a reasoned and speaking order, after affording opportunity of hearing to both the parties preferably within two CRLA No. 11443 of 2025 2 months from the date of production of a certified copy of this order, without granting any unnecessary adjournments to either of the parties, if there is no other legal impediment. 11. It is clarified that the appellants shall be at liberty to raise all such issues supported by such documents and evidence, as he may be so advised, before the trial court and the same shall be considered by the trial court also before passing the fresh order. 12 . The present criminal appeal is allowed subject to the observations and directions made above. May 5, 2026 Akbar CRLA No. 11443 of 2025 3 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad