Neutral Citation No. - 2025:AHC:86981 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 18390 of 2025 Applicant :- Krishna Gopal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Shri Shahabuddin, learned counsel for the applicant, Sri Bharat Singh, learned counsel for the Opposite Party No.2 and Sri Kauleshwar Singh, learned AGA for the State. The present 528 BNSS application has been filed to quash the order dated 24.4.2025 passed by Chief Judicial Magistrate, Moradabad, in Case No. 2574 of 2023, arising out of Case Crime No. 48 of 2023, under Sections 147, 307, 323 and 504 of IPC, Police Station civil lines, District Moradabad, whereby the cognizance/ summoning order has been passed after adding Section for the offences punishable under Sections 307 and 147 of IPC., in which charge sheet has not been submitted. Learned counsel for the applicant submits that the impugned cognizance order has been passed without considering the facts and circumstances and the position of law. It is further submitted that the charge sheet has been submitted under Sections 323, 504 of IPC. It is further submitted that cognizance order has been passed under Sections 147, 307, 323, 504 of IPC (after adding the offences punishable under Sections 147, 307 of IPC. In support of his submission, learned counsel for the applicant relied upon a judgment of the Apex Court in State of Gujarat Vs. Girish Radhakrishnan Varde (2014) 3 SCC 659. Learned counsel for the Opposite Party No.2 as well as learned AGA have not denied the factual and legal position of the case. In view of the above facts and circumstances and keeping in mind the law laid down by the Supreme Court in State of Gujrat (supra) the cognizance order dated 24.4.2025 is liable to be quashed. Hence, the present application is allowed. The order impugned dated 24.4.2025 passed by Chief Judicial Magistrate, Moradabad is, hereby, quashed. The matter is remanded back to the Court concerned and the Magistrate is directed to pass a fresh order after applying the judicial mind. Order Date :- 22.5.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad