Neutral Citation No. - 2025:AHC:87423 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17309 of 2025 Applicant :- Vanshi Opposite Party :- State Of U.P. And 11 Others Counsel for Applicant :- Saurabh Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section - 528 B.N.S.S. has been filed with the following prayer :- "It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 20-03-2025 passed by the learned Additional Civil Judge (J.D.), Fast Track Court/ Judicial Magistrate, Mathura in Complaint No. 145 of 2021 "Vanshi Vs. Harvinder and Others" u/s. 323, 324, 504, 506 1.P.C.-1860 P.S. Vrindavan District Mathura and further be pleased to direct the learned Additional Civil Judge (J.D.), Fast Track Court/ Judicial Magistrate, Mathura to pass a fresh order, summoning the accused/ opposite party nos. 2 to 12 under sections 147, 148, 323, 307, 324, 504, 506 I.P.C.-1860, also adding the other relevant sections attracted in the present prosecution case or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the Applicant shall suffer irreparable loss and injury." 3. It is submitted by learned counsel for the applicant that applicant has moved an application under Section – 156 (3) Cr.P.C. against opposite party no.2 to 12 making several allegations and that application was registered as a complaint case. Initially the opposite party no.2 to 12 were summoned under Section – 323, 504, 506 I.P.C. vide order dated 21.10.2023. Applicant has preferred a criminal revision against said order, which was allowed vide order dated 06.01.2025 and matter was remanded back to the Court of learned Magistrate. After that the impugned order dated 20.03.2025 has been passed and opposite party no.11 Shyamo has been summoned under Section - 323, 324, 504, 506 I.P.C. and remaining private opposite parties have been summoned for offence under Section - 323, 504, 506 I.P.C.. Learned counsel submitted that in the incident injured Narayan Singh has sustained an incised wound at left side of his head and thus, a case under Section – 307 I.P.C. was made out. Besides that offence under Section – 147, 148, 323, 324, 504, 506 I.P.C. are also made out against all the private opposite parties. Referring to statement of complainant and of witnesses, it was submitted that impugned order is against facts and law and thus, liable to be set aside. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. It is well settled that at the stage of issuing process under Section - 204 Cr.P.C., the Magistrate is mainly concerned with the allegations made in the complaint and evidence led in support of the same. The Magistrate has to be satisfied that there are sufficient grounds for proceedings against the accused. The issuance of process should not be mechanical, rather it must be based on the allegations made in the complaint and evidence led in support of the same. Even when Magistrate finds that there are sufficient grounds for proceedings against proposed accused persons, he is not bound to summon the proposed accused persons under all the sections, which are mentioned in the complaint. The Magistrate has to consider the ingredients of alleged offences. The proposed accused persons have to be summoned only for those offences, which are made out on the basis of material on record. 7. In the instant matter, the applicant / complainant in his statement under Section – 200 Cr.P.C. has stated that on 30.06.2017 the opposite party no.2 to 12 have hurled abuses and assaulted his brother Narayan Singh and maternal uncle Mukesh with 'lathi' and sticks. In his statement under Section – 202 Cr.P.C. injured Narayan Singh has made statement that on 30.06.2017 all the private opposite parties have assaulted him as well as his maternal uncle Mukesh and that opposite party no.11 Shyamo has given a 'farsa' blow at his head. It is apparent that specific role was assigned only to opposite party no.11 Shyamo, who has been summoned under Section - 323, 324, 504, 506 I.P.C.. Remaining private opposite parties have been summoned for offences under Section - 323, 504, 506 I.P.C.. Learned Magistrate after considering entire facts of the matter has passed a reasoned order. Considering nature of accusations and all attending facts, it cannot be said that impugned order is suffering from any material illegality or perversity. There is nothing to show that there has been any abuse of the process of Court or miscarriage of justice, so as to require any interference by this Court by invoking extraordinary powers under Section - 528 BNSS. The application under Section - 528 BNSS lacks merit and thus, liable to be dismissed. 8. Accordingly, the application u/s 528 BNSS is dismissed. Order Date :- 22.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad