BABLOO RAJBHAR ALIAS BABLOO AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/13240/2025 · 2025-04-28
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44402 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44402 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65968 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13240 of 2025 Applicant :- Babloo Rajbhar Alias Babloo And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshu Singh,Saurabh Jain Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Himanshu Singh, learned counsel for the applicants, who are seven in number and Sri Vikas Sharma, learned State Law Officer for the State/opposite party no.1.
2. This application under Section 528 of the BNSS has been filed by the applicants to quash the summoning order dated 23.12.2024 arising out of Complaint Case No.365 of 2024, (Ranjana Rajbhar Vs. Bablu Rajbhar and others), under Sections 85, 351(2), 352 of the B.B.S.S. and 3/4 of the D.P. Act, Police Station-Pawai, District Azamgarh, pending in the court of Judicial Magistrate, F.T.C./Mahila, District Azamgarh.
3. Learned State Law Officer has raised a preliminary objection that till date the applicants have not been summoned, however, they have been put to notice in terms of 1st proviso of Section 223 of the B.N.S.S. and thus no cause of action has arisen as whatever the applicants want to say it can place it on record in its reply. The said fact is not being disputed.
4. Accordingly, the application stands consigned to record. Order Date :- 29.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad