HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14985 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present 528 B.N.S.S. application has been filed to quash the impugned order dated 06.01.2025 passed by the Additional Chief Judicial Magistrate, Court No.2, Prayagraj in Case no. 638 of 2023 (State Vs. Ramesh Chandra Pandey and others) arising out of Case Crime No. 96/2022, under Sections 379, 34, 120-B I.P.C., Police Station- Audyogik Ksheta Naini, District Prayagraj. Further, prayer has been made that the learned Additional Chief Judicial Magistrate, Court No.2, Prayagraj be directed to summon the opposite party no.2 in Case no. 638 of 2023 (State Vs. Ramesh Chandra Pandey and others) arising out of Case Crime No. 96/2022, under Sections 379, 34, 120-B I.P.C., Police Station- Audyogik Ksheta Naini, District- Prayagraj, pending before the Additional Chief Judicial Magistrate, Court no.17, Prayagraj. 3. Applicant is informant and lodged instant first information report on 26.04.2022 with regard to theft of soil from his filed. First information report was registered under Section 4/21 of Mines & Minerals Act, 1957. I.O. investigated the matter and submitted charge-sheet under Sections 34, 379 & 120-B IPC and Section 4/21 of Mines & Minerals Act, 1957. Learned counsel for the applicant submits that I.O. after collecting material evidence submitted charge-sheet against five accused persons, namely, Ramesh Chandra Pandey S/o Shiv Lal Pandey, Ram Iqbal Versus Counsel for Applicant(s) : Himanshu Ranjan Shukla, Ramesh Kumar Shukla Counsel for Opposite Party(s) : Prashant Sharma, G.A. Smt Usha Shukla .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Pandey S/o late Mahaveer Pandey, Pankaj Pandey S/o Ramesh Chandra Pandey, Neeraj Pandey S/o Ramesh Chandra Pandey under Sections 34/120B IPC and Section 4/21 of Mines & Minerals Act, 1957 and against Jai Prakash Dwivedi S/o Kamlesh Dwivedi under Sections 34/120B/379 IPC and Section 4/21 of Mines & Minerals Act, 1957 through Charge-sheet No. 19/23 dated 28.01.2021. 4. Learned counsel for the applicant next submits that after getting report from the I.O., the Court concerned on 06.04.2023 took cognizance and issued summons against four accused persons under Sections 379, 34, 120-B IPC and Section 4/21 of Mines & Minerals Act, 1957. Applicant being aggrieved with the cognizance/summoning order dated 06.04.2023 that opposite party no. 2, Jai Prakash Dwivedi S/o Kamlesh Dwivedi has not been summoned by Additional Chief Judicial Magistrate, Allahabad vide cognizance/summoning order dated 06.04.2023, applicant moved an application before the court concerned for summoning of the opposite party no. 2 but the Trial Court without considering the material evidence as well as without perusing the charge-sheet submitted by the I.O. in most arbitrary manner without application of judicial mind rejected the said application of the applicant vide order dated 06.01.2025. The order dated 06.01.2025 is illegal, arbitrary, without application of judicial mind, abuse of process of law and liable to be set-aside. 5. Per contra, learned A.G.A. has vehemently opposed the submissions raised by learned counsel for the applicant and submits that order passed by learned Magistrate is just and proper. No interference is warranted. 6. Considered the submissions raised by learned counsel for the parties and perused the entire record. 7. From the record, it is apparent that I.O. has submitted charge-sheet against five accused persons, namely, Ramesh Chandra Pandey S/o Shiv Lal Pandey, Ram Iqbal Pandey S/o Late Mahaveer Pandey, Pankaj Pandey S/o Ramesh Chandra Pandey, Neeraj Pandey S/o Ramesh Chandra Pandey under Sections 34/120B IPC and Section 4/21 of Mines & Minerals Act, 1957 and against co-accused, Jai Prakash Dwivedi S/o Kamlesh Dwivedi under Sections 34/120B/379 IPC and Section 4/21 of NA528 No. 14985 of 2025 2 Mines & Minerals Act, 1957 through Charge-sheet No. 19/23 dated 28.01.2021 but Court concerned has not issued summons against the opposite party no. 2, namely, Jai Prakash Dwivedi S/o Kamlesh Dwivedi and no observation in this regard has been made as to why opposite party no. 2, namely, Jai Prakash Dwivedi S/o Kamlesh Dwivedi has not been summoned. The cognizance/summoning order dated 06.04.2023 does not contain any cogent reason as to why opposite party no. 2 has not been summoned despite I.O. has submitted charge-sheet against him under Sections 379, 34, 120-B IPC and Section 4/21 of of Mines & Minerals Act, 1957. Cognizance/Summoning order dated 06.04.2023 passed by learned Magistrate is bad in the eye of law, without application of judicial mind, without perusing the record and liable to be set-aside. 8. Accordingly, the Cognizance/Summoning order dated 06.04.2023 is quashed. The Court concerned is directed to pass afresh cognizance/summoning order after perusing the entire records and material evidence as well as the charge-sheet submitted by the I.O., as expeditiously as possible, preferably within a period of one month from the date of production of certified copy of this order. 9. With the aforesaid observations/directions, the present 528 BNSS application stands disposed of. September 22, 2025 Aditya NA528 No. 14985 of 2025 3 (Deepak Verma,J.) Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad