HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10932 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants; learned AGA for State; learned counsel for the opposite party no.2 and perused the material available on record. 2. The present 528 B.N.S.S. application has been filed to quash the charge sheet dated 28.12.2023/04.04.2024 (annexure no.12) submitted in Case Crime No.375 of 2023, under Sections 147, 323, 504, 506, 325, 308 IPC, Police Station Saidpur, District Ghazipur and cognizance/summoning order dated 03.12.2024 (annexure no.13) passed by CMM, Ghazipur and also quash the entire criminal proceedings initiated in pursuance thereof against the applicants in Criminal Case No.50728 of 2024, (State versus Jhamman and others), under Sections 147, 323, 504, 506, 325, 308 IPC, Police Station Saidpur, District Ghazipur (Case Crime No.375 of 2023), pending in the Court of ACJM, Ghazipur. 3. Learned counsel for the applicants submits that the instant proceedings initiated against the applicants is illegal and arbitrary with mala fide intention. The Investigating Officer after collecting the evidence submitted charge sheet against the accused-Sunil Yadav and Heera Lal Yadav under Sections 147, 323, 506, 325, 504, 308 IPC and submitted charge sheet against the applicants under Sections 147, 323, 506, 325, 504 IPC. Thereafter learned Magistrate issued process against the applicants under Sections 147, 323, 506, 325, 504, 308 IPC. Counsel for the applicants further submits that issuance of process against the applicants under Section 308 IPC is against the law laid down by Hon'ble Apex Court in State of Versus Counsel for Applicant(s) : Sadhana Dubey, Shashi Kant Shukla Counsel for Opposite Party(s) : Durga Charan Singh Yadav, G.A. Jhamman And 13 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Gujarat vs Girish Radhakishan Varde (AIR 2014 SC 620), the Hon'ble Apex Court held that exclusion and inclusion of charge for any section of IPC into charge sheet by Magistrate at this stage of taking cognizance is not permissible. 4. Learned counsel for the informant submits that both the parties had lodged FIR against each other. The trial court has issued summons under Section 308 IPC against the law laid down by the Hon'ble Apex Court in State of Gujarat vs Girish Radhakishan Varde (supra). Learned counsel for the informant next submitted that since both the FIR in which proceedings are going on and in view of Apex Court summoning by learned Magistrate under Section 308 IPC is illegal and arbitrary in such circumstances, no need to keep the proceedings pending as summoning by learned Magistrate is against law laid down by the Hon'ble Apex Court. 5. Pursuant to order of this Court, learned AGA got instructions in which discloses that Investigating Officer has submitted charge sheet against the applicants under Sections 147, 323, 325, 504, 506 IPC. Counsel for the applicants and learned AGA have not raised any objection, if matter is backed to court concerned for fresh issuance of process in view of the Apex Court judgement. 6. Considering the argument raised by counsel for the parties and perused the entire record, it is apparent that learned Magistrate has issued summons against the applicants by adding Section 308 IPC which is against the law laid down by the Hon'ble Apex Court in State of Gujarat vs Girish Radhakishan Varde (supra) is not tenable in the eye of law. The cognizance/summoning order dated 03.12.2024 passed by learned Magistrate under Sections 147, 323, 506, 325, 504, 308 IPC is bad in the eye of law and is liable to be quashed. 7. Accordingly, the issuance of process/summoning order dated 03.12.2024 is hereby quashed. The trial Court is directed to take afresh issuance of process/summoning in view of the law laid down by the Hon'ble Apex Court in State of Gujarat vs Girish Radhakishan Varde (supra) within a period of one month from the production of a certified copy of this order before him. 8. Till then no coercive action shall be taken against the applicants in the aforesaid case. NA528 No. 10932 of 2025 2 9. This application under Section 528 BNSS is, accordingly, allowed. September 16, 2025 I.A.Siddiqui NA528 No. 10932 of 2025 3 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad