HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19393 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Manish Kumar Singh, learned counsel for the applicants, Sri Anand Kumar Singh, learned counsel for opposite party no. 2 and Sri B.P. Maurya, learned A.G.A. for the State respondents. 2. This application under Section 528 of BNSS has been preferred for quashing the supplementary chargesheet No. 653-A/2020 dated 04.7.2020 as well s summoning order dated 11.10.2023 passed by Additional Chief Metropolitan Magistrate, Court No.3, Kanpur Nagar arising out of Case Crime No. 989 of 2019 under sections 452, 354, 323, 504, 506 IPC, P.S. Chakeri, District Kanpur Nagar. 3. It is contended by learned counsel for the applicants that the learned Magistrate has erred in passing the order impugned as the learned Magistrate has taken cognizance for the second time which is not permissible. It is further contended that initially the FIR was lodged under sections 147, 452, 354, 323, 504 and 506 IPC and after investigation, first chargesheet was submitted against applicant nos. 2 and 3 under sections 452, 323, 504 and 506 IPC and the learned Magistrate took cognizance of the offence under the aforesaid sections against applicant nos. 2 and 3. Subsequently, a second chargesheet impleading applicant nos. 2 and 3 as well as applicant no.1 was submitted under sections 452, 354, 323, 504 and 506 IPC on which, the learned Magistrate again took cognizance against all the three applicants vide order dated 11.10.2023. 4. Learned counsel for the applicants submits that once cognizance has been taken against the applicants, therefore, second cognizance is barred in view of the law laid down by the Co-ordinate Bench of this Court in 'Pramod vs. Versus Counsel for Applicant(s) : B.N.Singh, Manish Kumar Singh Counsel for Opposite Party(s) : Anand Kumar Singh, G.A. Ajeet Singh Yadav And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) State of U.P. and Another' decided on 22.12.2021 in which judgment of Hon'ble Supreme Court 'Dharam Pal and Others vs. State of Haryana and Another (2014) 3 SCC 306 has been referred. It is also submitted that no offence under section 354 IPC is made out as no evidence has been collected regarding any intent on the part of the applicants to outrage the modesty. Learned counsel has placed reliance on the judgment of the Hon'ble Supreme Court in 'Naresh Aneja @ Naresh Kumar Aneja vs. State of Uttar Pradesh & Anr.' 2025 INSC 19. 5. Learned counsel for opposite party no.2 submits that the matter may be remanded back to the learned Magistrate for passing fresh order on the subsequent chargesheet. On the other hand, learned A.G.A. submits that the victim in her statement recorded under section 164 Cr.P.C. has supported the allegation amounting to section 354 IPC. 6. Initially, the FIR was lodged under sections 147, 452, 354, 323, 504 and 506 IPC and after investigation, the police submitted chargesheet against applicant nos. 2 and 3 under sections 452, 323, 504 and 506 IPC and the learned Magistrate took cognizance of the offence on 21.11.2020. Thereafter, a second chargesheet was submitted against all the three applicants under sections 452, 354, 323, 504 and 506 IPC on which, the learned Magistrate took cognizance on 11.10.2023. He further submitted that second cognizance is not permissible in view of the judgment of the Co- ordinate Bench of this Court in 'Pramod vs. State of U.P. and Another' decided on 22.12.2021 in which judgment of Hon'ble Supreme Court ' Dharam Pal and Others vs. State of Haryana and Another (2014) 3 SCC 306 has been referred. 7. Considering the above submissions, the order impugned suffers from illegality and the same is liable to be set aside. 8. The application is allowed. 9. The impugned order dated 11.10.2023 is set aside. The matter is remanded back to the learned Magistrate for passing a fresh order on the second chargesheet after hearing the parties within four weeks from the date of production of a certified copy of this order. September 19, 2025 Madhurima NA528 No. 19393 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad