Neutral Citation No. - 2025:AHC:62793 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11523 of 2025 Applicant :- Suneel Agrahari And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Jamal Khan Counsel for Opposite Party :- G.A.,Sharad Srivastava Hon'ble Sanjay Kumar Pachori,J. During the course of hearing, learned counsel for the applicants are permitted to correct the prayer clause. Sri Ali Jamal Khan, learned counsel for the applicants and learned A.G.A. for the State are present. The present application u/s 528 of BNSS has been filed with prayer to quash the entire proceedings of Criminal Case No. 598 of 2023 (State v. Suneel Agrahari and others), arising out of Case Crime No. 573 of 2021, under Sections 323, 504, 506 of IPC, Police Station Kotwali, District Ghazipur, as well as cognizance/summoning order dated 6.1.2024, pending in the Court of Chief Judicial Magistrate, Ghazipur. Learned counsel for the applicants submitted that impugned First Information Report dated 3.11.2021 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the applicant. It is further submitted that charge sheet has been submitted against the applicant under Section 323, 504 and 506 of IPC but the cognizance order has been passed for the offences punishable under Sections 323, and 504 of IPC which has been passed against the law. It is further submitted that the cognizance order has been passed without considering the the facts and circumstance and the position of law. Learned counsel for the applicant relied upon the judmgent of Apex Court in State of Gujrat v. Girish Radhakarishnan Varde, (2014) 3 SCC 659, wherein it has been observed that since the instant case is based on the FIR lodged before the police, the correct stage for addition or subtraction of the sections will have to be determined at the time of framing of charge. Learned A.G.A. as well as learned counsel for Opposite Party No. 2 have not denied the factual position of law. In view of the above facts and circumstances and keeping in mind the law laid by the Supreme Court in State of Gujrat (supra), present application is liable to be allowed, hence, present application is allowed and order dated 6.1.2024 is quashed. Learned Magistrate is directed to took cognizance as fresh after applying judicial mind and the law laid down by the Supreme Court. Order Date :- 24.4.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad