HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29203 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the cognizance / summoning order dated 20.04.2023 passed by ACJM (JD)-21, Allahabad in case no. 237 of 2023, arising out of case crime no. 34 of 2023, under Sections 147, 323, 504, 506, 307 IPC, P.S. Nawabganj, district Allahabad as well as for quashing of the cognizance / summoning order dated 07.06.2023 passed by CJM, Allahabad in case no. 18695 of 2023, arising out of case crime no. 34 of 2023, under Sections 147, 323, 504, 506, 304 IPC. 3. Learned counsel for the applicant submitted that in this case after investigation charge-sheet was submitted against the applicant and co- accused persons for offence under Sections 147, 323, 504, 506, 307 IPC and on that basis cognizance was taken accordingly by the court of ACJM (JD)-21, Allahabad vide order dated 20.04.2023. It was submitted that after about four months, one of the injured has died and after that the police have submitted supplementary charge-sheet against the applicant and co-accused persons for offence under Sections 147, 323, 504, 506, 304 IPC, wherein cognizance has been taken by the court of CJM, Allahabad vide order dated 07.06.2023. It was pointed out that both the said cases are pending in two different courts, whereas both the charge- Versus Counsel for Applicant(s) : Shashi Kant Shukla, Shekhar Mishra Counsel for Opposite Party(s) : G.A. Ram Nihor Saroj .....Applicant(s) State of U.P. and Another .....Opposite Party(s) sheets pertain to one and same incident and crime number. It was further submitted that the cognizance taken by the court of CJM, Allahabad vide order dated 07.06.2023 is against law, as in the instant matter cognizance has already been taken by the court of ACJM (JD)-21, Allahabad vide order dated 20.04.2023. 4. Learned AGA has submitted that appropriate direction may be issued so that both the proceedings may be conducted by one and same court. 5. Perusal of record shows that in case crime no. 34 of 2023 after investigation police have submitted charge-sheet against the applicant and co-accused persons for offence under Sections 147, 323, 504, 506, 307 IPC and on that basis cognizance has been taken by the court of ACJM (JD)-21, Allahabad vide order dated 20.04.2023. Regarding same incident and crime number, a subsequent / supplementary charge-sheet has been submitted against the applicant and co-accused persons for offence under Sections 147, 323, 504, 506, 304 IPC, wherein cognizance has been taken by the court of CJM, Allahabad vide order dated 07.06.2023. As per settled law and practice the subsequent / supplementary charge-sheet has to be considered by the same court, wherein earlier proceedings were pending but the cognizance on supplementary charge-sheet has been taken by the court of CJM, Allahabad and thus, two parallel proceedings are being conducted regarding the same incident. 6. In view of these facts and circumstances, it is directed that in case applicant moves an application before the court of CJM, Allahabad within a period of two weeks from today, raising his aforesaid grievance, the same shall be considered and decided by the CJM, Allahabad in accordance with law and it shall be ensured that both the aforesaid matters are being dealt with by one and same court in accordance with law. 7. The application under Section 528 BNSS is disposed of in above terms. September 9, 2025 Anand NA528 No. 29203 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad