Neutral Citation No. - 2025:AHC:138657 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 29785 of 2025 Applicant :- Upendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Chandra Prakash Misra, learned counsel for the applicant appears and submits that the last Parcha of the case diary annexed at Page-80 reveals that the applicant is charge sheeted under Sections 147, 323, 504, 506 and 352 IPC, but the charge sheet submitted against the accused-applicant also contains Section 376 IPC. The concerned Magistrate has also taken cognizance on the same sections, as is revealed from the cognizance taking order dated 27.11.2018. 2. Learned AGA is present for the State-opposite party no.1. 3. There is no point in issuing notice to opposite party no.2. 4. The cognizance taking order is quashed in respect to the present applicant-Upendra. 5. The concerned learned Magistrate, Padrauna at Kushinagar is directed to look into the matter and pass a fresh order. 6. With this observation, the present application is accordingly disposed of. Order Date :- 14.8.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad