HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20081 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for applicant and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the charge-sheet dated 30.09.2019 as well as cognizance / summoning order dated 04.09.2020, of Case No. 2425 of 2020 (State Vs. Brijesh Kumar Badal and others), arising out of Case Crime No. 124 of 2019, under Sections 186, 188, 189, 341, 143, 353, 504 IPC and Section 7 Criminal Law Amendment Act, P.S. Kotwali Nagar, District Hamirpur, pending in the court of C.J.M., Hamirpur. 3. It has been submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The first information report has been lodged by opposite party no.2 / In-charge of police station, making false and baseless allegations. It is further submitted that by impugned order dated 04.09.2020 the applicant and co-accused persons have been summoned for offence under Sections 186, 188, 189, 341, 143, 353, 504 IPC, whereas in respect of offence under Sections 186, 188 IPC, cognizance can be taken only upon the complaint in writing made by the public servant concerned. In the instant matter, no such complaint has been filed. The cognizance has been taken against applicant in violation of provisions of Section 195 Cr.PC. Referring to facts of the matter, it was submitted that impugned proceedings are malicious and suffer from legal infirmity and thus liable to be quashed. 4. Learned AGA has opposed the application but it could not be disputed that cognizance for offence under Sections 186, 188 IPC can be taken only upon the complaint in writing made by the public servant concerned. Versus Counsel for Applicant(s) : Ashish Kumar Singh Counsel for Opposite Party(s) : G.A. Brijesh Kumar Badal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. I have considered the submissions and perused the record. 6. In the instant matter it appears from record that after filing of charge- sheet, applicant and co-accused persons have been summoned for offence under Sections 186, 188, 189, 341, 143, 353, 504 IPC, whereas in respect of offence under Sections 186, 188 IPC, cognizance can be taken only upon the complaint in writing made by the public servant concerned. In the instant case, no such complaint in terms of Section 195 Cr.P.C. has been filed. Thus, it is apparent that impugned order is not in accordance with law and thus liable to be quashed. 7. In view of the aforesaid, the impugned summoning order dated 04.09.2020, passed by C.J.M., Hamirpur is hereby set aside and the matter is remitted back to the court concerned to pass an order on the point of summoning afresh, expeditiously in accordance with law. 8. The application under Section 528 BNSS is disposed of in above terms. September 1, 2025 'SP'/- NA528 No. 20081 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad