Neutral Citation No. - 2025:AHC:136965 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29411 of 2025 Applicant :- Vasiullah Alias Bhola Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned A.G.A. for State. 2. The instant application has been preferred for quashing the impugned charge- sheet no. A96 dated 16.04.2019 along with cognizance/summoning order dated 07.04.2021 and the entire proceedings of Criminal Case No.6822 of 2021 (State vs. Vasiullah @ Bhola Khan and Others) arising out of Case Crime No.0062 of 2019, under sections 323, 504, 506 I.P.C. and section 3 of Prevention of Damage to Public Property Act, 1984, P.S. Nautanwa, District- Maharajganj, pending in the court of learned Additional Chief Judicial Magistrate, Maharajganj. 3. At the very outset, learned counsel for applicant submitted that although applicant has been extended bail by learned trial court vide order dated 05.12.2024 and thereafter it has been brought to the notice of applicant in respect of cognizance order dated 07.04.2021, through which applicant has been summoned, that there is neither any sections relating to offence in which cognizance has been taken up, nor any name who have been summoned, which arises cause of action in favour of applicant for challenging the same through instant application. 4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants, but at the same time failed to defend the order dated 07.04.2021, which is not in consonance with the mandate of procedure as defined under section 190 Cr.P.C. 5. After hearing rival submissions extended by learned counsel for the parties, the arguments raised by learned counsel for the applicant seems to be justified and as such order dated 07.04.2021 passed by learned Additional Chief Judicial Magistrate, Maharajganj is hereby set-aside; the matter is remitted to learned court concerned for passing fresh orders in pursuance to section 190 Cr.P.C., if required. 6. The instant application stands party allowed accordingly. Order Date :- 12.8.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad