HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33046 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Shri B.R. Sharma along with Shri Arvind Kumar Srivastava, learned counsel for the applicants and Sri Moti Lal, learned AGA for the State. 2. This application under Section 528 BNSS has been filed by the applicants to quash the complaint Case No. 2030 / 2025 arise out of range case No. 57 of 2022-23 (Van Vibhag Versus Kedar and others) under section 26 of Indian Forest Act 1927 and under section 9, 39 and 51 of Indian forest wild life protection Act 1972 pending before Judicial Magistrate Pharenda District Maharajganj. 3. This Court on 02.09.2025 has sought instructions/ permitted to learned AGA to file its reply. Today instructions have been forwarded by Shri Moti Lal under the signature of the opposite party no. 2 and according to him, they are self-sufficient and he does not propose to file any affidavit, thus, with the consent of the parties, the application is being decided at the fresh stage. 4. The case of the applicants is that a complaint stood lodged by the opposite party no. 2 in the year 2025 being complaint case No.2030 of 2025 for the offences under Section 26 of the Indian Forest Act, 1927 and Sections 9, 39 and 51 of the Indian Forest Wildlife Protection Act, 1972 thereafter on 17.05.2025 an order came to be passed by the court of Judicial Magistrate Pharendra, District Maharajganj on putting to notice the applicants on 15.07.2025 as per the provisions contained under first proviso to sub-section Versus Counsel for Applicant(s) : Bhaju Ram Pprasad Sharma Counsel for Opposite Party(s) : G.A. Mathura And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (1) of Section 223 BNSS thereafter when the applicants appeared then the applicants were advised to obtain bail and apprehending their arrest and they obtained bail on 17.07.2025. 5. Learned counsel for the applicants has submitted that the order dated 17.05.2025 though on one hand, notices the applicants as per the provisions contained under first proviso to sub-section (1) of Section 223 BNSS and on the other hand also summons the applicants. Learned counsel for the applicants submits that at a pre-cognizance stage, the applicants ought to have been put to notice and no summoning could have been passed until and unless and the applicants would have given an opportunity to put forward their stand. However, he submits that the summoning order be set aside and the matter be remitted back to Court below to pass fresh orders. 6. Learned AGA submits that the order/ notice dated 17.05.2025 is nothing but a notice being issued at a pre-cognizance stage as per the first proviso to sub-section (1) of Section 223 BNSS and according to him, since the applicants have already obtained bail and they have already before the court below, they may submit his reply to the notice and the said notice be treated to be a notice at a pre-cognizance stage as per the first proviso to sub-section (1) of Section 223 BNSS. 7. Learned counsel for the applicants submits that in case, the said order/ notice is treated to be a notice under first proviso to sub-section (1) of Section 223 BNSS then he would have no objection as the applicants would submit his defence taking all legal and factual grounds. 8. Looking into the overall fact and situation and also the stand taken by the respective parties, the order dated 17/5/2025 which is impugned in the present application is treated to be a notice in terms of first proviso to sub- section (1) of Section 223 BNSS and the applicants shall submit their reply within a period of three weeks from today and thereafter the court below shall consider the same and thereafter proceeded to pass appropriate orders taking into consideration the grounds taken by the applicants. 9. Accordingly, the interference is declined, the application stands disposed of. NA528 No. 33046 of 2025 2 10. Leaving it open to the applicants to raise legal and factual grounds while contesting the trial. 11. Instructions filed today is taken on record and marked as Appendix 'A'. September 11, 2025 A. Prajapati NA528 No. 33046 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad