HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34338 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS') has been filed for quashing of entire proceedings, including charge-sheet dated 25.07.2022 as well as cognizance / summoning order dated 19.08.2023, of Case No. 188 of 2023 (State Vs. Shivam Singh Rathore), arising out of Case Crime No.86 of 2022, under Sections 188, 268, 290, 291, 341, 353 IPC, P.S.- Khuldabad, District- Prayagraj, pending in the court of A.C.J.M., Prayagraj. 3. It has been submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was stated that applicant and co-accused persons have arranged a "Jagran" with due permission of civil authorities. The allegations that applicant and co-accused have violated conditions of permission, are wholly false. 4. It is further submitted that by impugned order dated 19.08.2023, cognizance has been taken for offence under Sections 188, 269, 290, 291, 341, 353 IPC but so far offence under Section 188 IPC is concerned, no complaint has been filed in terms of Section 195 Cr.P.C. It is further submitted that ingredients of the alleged offences are not made out and impugned summoning order has been passed in a routine manner without perusing the record. 5. Learned AGA has opposed the application and submitted that a prima- facie case is made out against applicant. 6. I have considered the rival submissions and perused the record. Versus Counsel for Applicant(s) : Kumar Kartikeya Counsel for Opposite Party(s) : G.A. Shivam Singh @ Shivam Singh Rathore .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 7. Perusal of record shows that applicant has been charge-sheeted for offence under Sections 188, 268, 290, 291, 341, 353 IPC and cognizance was taken accordingly. It was stated that so far offence under Section 188 IPC is concerned, no complaint has been filed in terms of Section 195(1) Cr.P.C. Thus, it is apparent that impugned summoning order is not in accordance with law and thus liable to be quashed. 8. In view of the aforesaid, the impugned summoning order dated 19.08.2023, passed by the A.C.J.M., Prayagraj is hereby set aside and the matter is remitted back to the court concerned to pass the order on the point of summoning afresh, expeditiously in accordance with law. 9. The application u/s 528 BNSS is finally disposed of in above terms. September 24, 2025 'SP'/- NA528 No. 34338 of 2025 2 Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad