Neutral Citation No. - 2025:AHC:64974 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 10341 of 2025 Applicant :- Parvat Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Kumar,Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Sri Sanjay Kumar Srivastava, learned counsel for the applicant, Sri Mayank Awasthi, learned Brief Holder for the State, Sri Shiv Om Vikram Singh Chauhan, learned counsel for O.P. No. 2 and perused the record. 2. The applicant has moved the instant application challenging the proceedings of Complaint Case No. 396 of 2024, Smt. Shreedevi v. Parvat Singh & others, under Sections 452, 504, 506 IPC and 3(2)(va) of SC/ST Act, 1989, P.S. Ayana, District Auraiya, pending in the court of Special Judge (POCSO Act), Auraiya and summoning order dated 28.02.2025. 3. Brief facts of the case are that a complaint was filed by O.P. No. 2 on 14.04.2024 against five persons including the applicant. The court concerned directed for an inquiry under Section 202(2) Cr.P.C., pursuant thereto a report was placed which mentions that no incident, as alleged by O.P. No. 2, took place on the said date, however, the applicant has been summoned along with others by the order impugned dated 28.02.2025 without properly considering the police report dated 12.11.2024 and mentioning that the same is unsatisfactory, not disclosing reasons for the same. The impugned summoning order has been passed without application of judicial mind and giving no reason for not relying upon the report as submitted under the mandatory provisions of Section 202(2) Cr.P.C. 4. Learned A.G.A. appearing for the State and learned counsel for O.P. No. 2 could not dispute the aforementioned submission advanced by learned counsel for the applicant, therefore, the matter is being decided at this stage in terms of the Rules of the Court. 5. In view of the above, the summoning order dated 28.02.2025 is set aside and the matter is remanded back to the court concerned to pass a fresh reasoned and speaking order taking into account the police report dated 12.11.2024, in accordance with law. 6. The present application filed under Section 528 BNSS stands allowed accordingly. Order Date :- 28.4.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad