Neutral Citation No. - 2025:AHC:127766 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24913 of 2025 Applicant :- Nazir Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Khanna,Ram Kripal,Sandal Khanna 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 14.10.1998 as well as cognizance / summoning order dated 03.06.2025, of Case No. 3234 of 2014, arising out of Case Crime No.866 of 1997, under Sections 147, 148, 149, 307, 352, 336, 153A IPC, P.S.- Kotwali, District- Moradabad, pending in the court of Additional Civil Judge (S.D.), New Court No.1 / A.C.J.M., Moradabad. 3. It has been submitted by learned counsel for the applicant that first information report of this case was lodged making false and baseless allegations and that no case is made out against applicant. It is further submitted that by impugned summoning order dated 03.06.2025 the applicant and co-accused persons have been summoned for offence under Sections 147, 148, 149, 307, 352, 336, 153A IPC, whereas in respect of offence under Section 153A IPC cognizance can be taken only with previous sanction of the Central Government or State Government. In the instant matter no such sanction has been obtained and thus the impugned summoning order is against law and thus, liable to be quashed. It was also pointed out that earlier co-accused Qaiser Ali has challenged the initial summoning order dated 10.12.1998 before this Court, wherein the said summoning order was quashed by this Court vide order dated 27.11.2014 on the ground that the cognizance has not been taken in accordance with provisions of Section 196(1) Cr.P.C. Referring to facts of the matter, it was submitted that impugned summoning order and entire proceedings are liable to be quashed. 4. Learned AGA has opposed the application and submitted that there is no illegality or perversity in the impugned summoning order. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that in this case applicant and co-accused persons were summoned for offence under Sections 147, 148, 149, 307, 352, 336, 153A IPC. There is nothing on record that in respect of offence under Section 153A IPC, any previous sanction has been obtained in terms of provisions of Section 196(1) Cr.P.C. Thus, the impugned order so far the summoning of applicant under Section 153A IPC is concerned, is not in accordance with law. 7. In view of aforesaid, the impugned summoning order dated 03.06.2025 is set aside and the matter is remitted back to the court concerned to pass order on point of summoning afresh in accordance with law. As the matter is quite old pertaining to the year 1997, the court concerned is directed that the fresh order shall be passed as expeditiously as possible preferably within a period of one month from receipt of copy of this order and thereafter, proceedings of the case shall be proceeded further as expeditiously as possible. 8. The application u/s 528 BNSS is disposed of in above terms. Order Date :- 31.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad