Neutral Citation No. - 2025:AHC:110729 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23010 of 2025 Applicant :- Dashrath Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the charge-sheet no. 31 of 2016, dated 31.05.2016, submitted in Case Crime no. 133 of 2015, under sections 147, 332, 353, 323, 504 IPC & 7 Criminal Law Amendment Act, PS- Uldan, District Jhansi and cognizance order dated 24.08.2016 passed by learned Judicial Magistrate, Mauranipur, District Jhansi submitted in charge sheet no. 31 of 2016 dated 31.05.2016 as well as entire proceeding of Criminal Case no. 522 of 2016, (State of U.P. vs. Rajaram and others) under sections 147, 332, 353, 323, 504 IPC & 7 Criminal Law Amendment Act, PS- Uldan, District Jhansi (Case Crime no. 133/2015). 3. At the very outset, learned counsel for the applicant sought the attention of the Court over the impugned cognizance order dated 24.08.2016 appended at page no. 44 of instant application and argued that impugned cognizance order has been passed over a printed proforma, hence the same is liable to be quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application and submitted that by way of instant application, applicant is challenging cognizance order pertaining to year 2016 which is not permissible in the eye of law. From perusal of entire order sheet pertaining to Criminal Case no. 522 of 2016 it is also apparent that applicant has not appeared before learned court concerned from 24.08.2016 till 05.05.2025. 5. After hearing the rival submissions extended by learned counsel for the parties and perusing the records, this Court finds that argument raised by learned AGA seems to be forceful since, it is apparent on face of record that applicant has challenged cognizance order pertaining to year 2016 and since 24.08.2016 to 05.05.2025, applicant has not appeared on a single date before learned court concerned in pursuance to impugned cognizance order which is not sustainable in the eye of law. Prayer sought through instant application u/s 528 BNSS is hereby refused. No interference is required. 6. Applicant is directed to appear before learned court concerned within 15 days from today in pursuance to impugned cognizance order dated 24.08.2016. However, applicant will be at liberty to avail whatever remedy available at law. 7. With aforesaid direction, application stands disposed of accordingly. Order Date :- 10.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad