HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28006 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants and learned AGA 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 17.10.2022 as well as cognizance / summoning order dated 23.04.2025, of Case No. 15248 of 2025, arising out of Case Crime No. 398 of 2022, under Sections 323, 504 IPC, P.S.- Kotwali, District- Jhansi, pending in the court of Special J.M., Court No. 1, Jhansi. 3. It is submitted by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against them. The first information report has been lodged making false and baseless allegations. 4. It is further submitted by learned counsel for the applicants that after investigation charge sheet was submitted for under Section 323, 504 I.P.C. and as the offences are non-cognizable, the charge sheet has been registered as complaint case but no statement of witness under Section 200 Cr.P.C. has been recorded. It is further submitted that in the impugned cognizance / summoning order it has not been mentioned that a prima facie case is made out. Referring to these facts, it was submitted that impugned summoning order is against law and without applying judicial mind. 5. Learned A.G.A. submitted that in view of allegations made in the first Versus Counsel for Applicant(s) : Om Prakash Counsel for Opposite Party(s) : G.A. Ankit Rayakwar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) information report and material collected during investigation, a prima facie case is made out and there is no illegality or perversity in the impugned cognizance / summoning order. 6. I have considered rival submission and perused the record. 7. In the instant matter, the informant has alleged in the first information report that on 13.09.2022 at about 08:00 AM. the applicants, who are his neighbours, have abused his 67 years old mother and when objected, they have assaulted her and resultantly she has sustained injury. In view of allegations made in the first information report and material on record, it can not be said that no prima facie case is made out. 8. So far impugned cognizance / summoning order is concerned, as the charge sheet was submitted for offence under Sections 323, 504 I.P.C., which are non-cognizable offence, thus the same has been registered as a complaint. From the provisions of Section 200 Cr.P.C., it is clear that if a complaint has been made in writing, the Magistrate need not examine complainant and witnesses, if public servant acting in discharge of his official duty has made a complaint. Thus, the contention that in aforesaid facts examination of complainant under Section 200 Cr.P.C. was mandatory, has no force. In the impugned cognizance / summoning order learned Magistrate has mentioned that there was no need of any enquiry and a case for proceeding further was made out and accordingly the applicants / accused were summoned. 9. In view of these facts and circumstances, it can not be said that impugned order is suffering from any material illegality or perversity or that there has been any abuse of the process of Court or miscarriage of justice, so as to require any interference by this Court by invoking powers under Section 528 BNSS. The application under Section 528 BNSS lacks merit, thus liable to be dismissed. 10. The application under Section 528 BNSS is dismissed. September 10, 2025 SK Srivastava NA528 No. 28006 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad