Neutral Citation No. - 2025:AHC:122551 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23090 of 2025 Applicant :- Krishna Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Ojha,Shiv Kumar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 13.02.2022 as well as cognizance / summoning order dated 15.07.2022, of Case No. 1514 of 2022, arising out of Case Crime No.0023 of 2022, under Section 506 IPC, P.S.- Kishanpur, District- Fatehpur, pending in the court of Judicial Magistrate, Khaga, Fatehpur. 3. It has been submitted by learned counsel for the applicant that opposite party no.2 is sister-in-law of applicant and there is property related dispute between them. The first information report has been lodged making false and baseless allegation, in order to settle score in civil dispute. It is further submitted that in the impugned summoning order dated 15.07.2022 learned Judicial Magistrate has mentioned that there was sufficient basis for taking cognizance against applicant for offence under Section 504 IPC but in the operating part learned Magistrate has mentioned that cognizance against applicant is taken for offence under Section 506 IPC. Learned counsel submitted that the impugned summoning order has been passed without application of judicial mind and the observation of learned Judicial Magistrate is contradictory and thus impugned summoning order is liable to be quashed. 4. Learned AGA has opposed the application and submitted that in view of allegations made in first information report and materials on record, a prima-facie case is made out against applicants. 5. I have considered the rival submissions and perused the record. 6. In the instant matter it appears that in impugned cognizance / summoning order dated 15.07.2022 learned Judicial Magistrate has mentioned that on the perusal of record, there was sufficient basis for taking cognizance against applicant for offence under Section 504 IPC but after making said observation, the cognizance has been taken against applicant for offence under Section 506 IPC. Thus, the observations made by learned Judicial Magistrate are inconsistent and it appears that impugned cognizance / summoning order has been passed without perusing the record. It is well settled that at the stage of summoning the Magistrate has to carefully scrutinize the evidence brought on record in order to consider whether a prima facie case is made out or not. 7. In view of the aforesaid, the impugned summoning order dated 15.07.2022, passed by the Judicial Magistrate, Khaga, Fatehpur, is hereby set aside and the matter is remitted back to the court concerned to pass the order on cognizance/ summoning afresh expeditiously in accordance with law. 8. The application u/s 528 BNSS is finally disposed of in above terms. Order Date :- 25.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad