Neutral Citation No. - 2025:AHC:65300 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 11500 of 2025 Applicant :- Vineet Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshu Giri Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Learned A.G.A. for the State has filed compliance affidavit in the Court today, which is taken on record. Accordingly, service of notice upon the opposite party no.2 is sufficient. Despite service of notice, no one has put an appearance on behalf of opposite party no.2. Mr. Bipin Kumar Tripathi, Advocate appearing on behalf of opposite party no.2 has filed vakalatnama in the Court today, which is taken on record. Heard Mr. Himanshu Giri, learned counsel for the applicant, Mr. Mr. Bipin Kumar Tripathi, learned counsel for opposite party no.2 as well as Mr. Mayank Awasthi, learned AGA for the State and perused the record. The present application has been filed to quash the entire proceeding including the impugned summoning order dated 05.06.2024, passed by Court of Special Judge, S.C./S.T. (Prevention of Atrocities) Act, Kushinagar, Padrauna, in Complaint Case No.147 of 2022 (Vindrawati Devi vs. Vineet Singh and Others), under Sections 323, 504, 506 I.P.C. and Sections 3(1)(r), 3(1)(s) S.C./S.T. Act, Police Station- Kaptanganj, District- Kushi Nagar. Learned counsel for the applicant submits that an application under Section 156(3) Cr.P.C. has been moved against 8 persons and the same was treated as complaint case and statements under Sections 200 and 202 Cr.P.C. have been recorded after which the court concerned summoned only three persons, not disclosing the reasons for not summoning the others whose names were mentioned in the application moved by opposite party no.2. Thus, the order impugned has been passed in a mechanical manner without application of judicial mind, therefore, the impugned order dated 05.06.2024 may be set-aside. Learned A.G.A. for the State as well as learned counsel for opposite party no.2 could not dispute the correctness of the submissions made by the learned counsel for the applicants, therefore, the matter is being decided at this stage in terms of the Rules of the Court. In view of the above, the summoning order dated 05.06.2024 is set-aside and the matter is remanded back to the court concerned to pass a fresh reasoned and speaking order, in accordance with law. The present application filed under Section 528 BNSS stands allowed accordingly. Office is directed to communicate this order to the Court concerned forthwith. Order Date :- 28.4.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad