HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13409 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant; learned AGA for State and perused the material available on record. 2. The present 528 B.N.S.S. application has been filed to set aside the order dated 14.07.2023, passed by Additional Sessions Judge, Room No.5, District Ghaziabad in Session Trial No.386 of 2022, arising out of Case Crime No.493 of 2021, under Sections 302/34, 201 IPC, Police Station Link Road, District Ghaziabad, by which the applicant has been summoned in exercising the power under Section 319 Cr.P.C. on an application paper no.14-Kha. 3. Learned counsel for the applicant submits that applicant was not named in the FIR and Investigating Officer has not submitted charge sheet against the applicant. After framing of charge, trial proceeding initiated. In the present case, the applicant has been summoned on the statement of PW-1 (complainant, brother of deceased), PW-2 (minor son of deceased) and PW- 3 (bhabhi of the deceased). Learned counsel for the applicant further submits that PW-2 is minor son of deceased and no reliance can be placed on the statement of PW-2. Learned court below has passed the cognizance order/summoning order without application of judicial mind. Prima-facie, no case is made out against the applicant. He next submitted that the trial court without going into merit of the case and without properly examining the statement of PWs-2 and 3 and other material evidence, allowed the application under Section 319 Cr.P.C. and summoned the applicant. 4. Per contra, learned AGA has vehemently opposed the submissions raised by learned counsel for the applicant and submits that the trial court has Versus Counsel for Applicant(s) : Ram Bahadur Singh, Suresh Singh Counsel for Opposite Party(s) : G.A. Rajnish Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) appreciated the statement of PW-2 who is minor son of deceased and PW-3 who is bhabhi of the deceased. PW-2 statement is that "when my father came to home from duty, my mother gave him food by adding some powder, after taking food my father vomited and thereafter slept, then Bablu Khan and my mother pressed the neck of my father. After that my mother and Bablu Khan took away the body outside and my mama Rajnish (present applicant) and Babloo Khan took away the body of my father on the shoulder. " The statement of the PW-2 prima-facie discloses the offence against the applicant. 5. Considering the arguments raised by learned counsel for the parties, perused the entire record and order passed on 14.07.2023, it is evident that prima facie offence under the alleged sections is made out against the applicant and trial court has rightly summoned the applicant. P.W. 2 in his statement fairly deposed which is against the applicant. The involvement of the applicant in the present case cannot be denied. From the statement complicity of the applicant cannot be ruled out and applicant was rightly summoned by the trial court. The impugned order dated 14.07.2023 passed by trial court is just and proper and do not suffer from any illegality or infirmity and no interference is warranted, at this stage. 6. The present 528 BNSS application is dismissed. September 9, 2025 I.A.Siddiqui NA528 No. 13409 of 2025 2 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad