SANTOSH KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/16348/2025 · 2025-05-21
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55380 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55380 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:86925 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16348 of 2025 Applicant :- Santosh Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gopal Singh,Vindhyachal Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Vindhyachal Singh, learned counsel for the applicant submits that the order which is being subject matter of challenge is dated 18.01.2025 passed by the Judicial Magistrate, Konch, District Jalaun at Orai, whereby the applicants were only put to notice as per first proviso to Section 223 of the BNSS. He submits that since now the applicants have not been summoned.
2. Once only the applicants have been noticed at a pre-cognizance stage, no cause of action has arisen.
3. The application is, accordingly, dismissed as withdrawn with liberty to file fresh as and when the occasion arises. Order Date :- 22.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad