Neutral Citation No. - 2025:AHC:125922 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25455 of 2025 Applicant :- Sachin Bandan Tripathi Alias Sachin Kumar Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Sajiwan Mishra,Satyam 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 charge sheet no. 08/2025 dated 05.03.2025 and summoning order dated 03.04.2025 issued by Chief Judicial Magistrate, Chitrakoot in Case no. 1965 of 2025 (State vs. Sachin Bandan Tripathi) arising out of Case Crime no. 34 of 2024 under sections 182, 188, 171G, 468, 469 IPC and under sections 128 Peoples Representation Act and under Section 67 of Information Technology (Amendment Act), PS- Markundi, District Chitrakoot.Further prayer has been made to quash the entire proceeding of Case no. 1965 of 2025. 3. At the very outset, learned counsel for applicant contended that summoning order dated 03.04.2025 has been passed by learned Chief Judicial Magistrate, Chitrakoot without mentioning the Act under which cognizance of offence has been taken up. Only section has been mentioned which does not discloses that in pursuance to sections 182, 188, 171G, 468, 469, 128 of which Act, cognizance of offence has been taken up against the applicant. Therefore, impugned summoning order dated 03.04.2025 is not sustainable in the eye of law and is liable to be quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid argument raised by learned counsel for applicant. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that none of the sections 182, 188, 171G, 468, 469, 128 wherein cognizance of offence has been taken up discloses the specific Act. Only section 67 IT Act has been mentioned while taking cognizance as such without disclosing the Act, it is not possible for putting the applicant for prosecution and as such impugned summoning order dated 03.04.2025 passed by learned Chief Judicial Magistrate, Chitrakoot in Case no. 1965 of 2025 is set aside. Matter is remitted back to learned court concerned for taking fresh cognizance against applicant in pursuance to specific sections of the specific Act. 6. The application u/s 528 BNSS stands partly allowed accordingly. Order Date :- 28.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad