HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34806 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard learned counsel for the applicants and learned AGA for the State-respondent. 2. This application has been filed challenging the entire proceedings of Complaint Case No. 5035 of 2021, N.C.R. No. 52 of 2021, (State Vs. Sohit and others) along with summoning orders dated 01.09.2021 and 19.04.2025, under Sections 323, 504 IPC, P.S. Koerauna, District Bhadohi pending in the court of Judicial Magistrate II, Gyanpur Bhadohi. 3. Learned AGA points that this is a third application in the matter and, therefore, the present application is not maintainable. 4. The Court has perused the record and finds that first application bearing Application U/s 482 No. 29744 of 2022 was dismissed by order dated 20.09.2022, which is reproduced as under :- "After arguing the matter at some length counsel for the applicants submits that he intends to withdraw the present application. Accordingly, the instant application u/s 482 Cr.P.C. is dismissed as withdrawn." 5. Second Application U/s 482 No. 5649 of 2023 was also dismissed as withdrawn by order dated 21.03.2023, which is reproduced as under :- "Heard learned counsel for the applicants and learned A.G.A. for the State. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, arising out of Complaint Case No. 5035 of 2021, N.C.R. No. 52/2021, under Sections 323 and 504 I.P.C., (State vs. Sohit and others), Police Station- Koerauna, District- Bhadohi and summoning order Versus Counsel for Applicant(s) : Sheo Mani Yadav Counsel for Opposite Party(s) : G.A. Sohit Alias Shiv Prakash and 2 others .....Applicant(s) State of U.P. and another .....Opposite Party(s) dated 01.09.2021 and 26.05.2022, pending in the Court of learned Judicial Magistrate II, Gyanpur, Bhadohi. Learned A.G.A. has raised preliminary objection that the applicants have earlier approached this Court by filing an Application U/s 482 Cr.P.C. No. 29744 of 2022 (Sohit @ Shiv Prakash And 2 Others vs. State of U.P. and Another), which was dismissed as withdrawn on 20.09.2022. At this stage, learned counsel for the applicants submits that he intends to withdraw the instant application. Accordingly, the instant application is dismissed as withdrawn." 6. When confronted with the situation that no liberty was granted by this Court in either of the two previous applications to file another application and even the second application was dismissed on this ground itself, learned counsel submits that now a fresh cause of action has arisen in terms of order dated 19.04.2025 whereby witnesses have been summoned. 7. The Court is not inclined to treat summoning of witnesses as a fresh cause of action. Once the main prayer is to quash the entire proceedings of the concerned case, any subsequent order passed during the course of proceedings would not give rise to a fresh cause of action to again challenge the entire proceedings and the attempt of the applicant to include the subsequent order in the prayer clause so as to assert any new cause of action, is a misconceived approach. 8. The application being third for the same cause of action is not maintainable. The same is, therefore, rejected. September 11, 2025 AKShukla/- NA528 No. 34806 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad