HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34975 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Heard Shri Anil Kumar Mishra, learned counsel for the applicants and Shri B.N. Upadhyay, learned brief holder for the State. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the entire proceedings of criminal case No. 639 of 2019, arising out of Case Crime No. 63 of 2018 as well as cognizance/summoning order dated (no date is mentioned), whereby Judicial Magistrate took cognizance under Sections 347, 323, 504, 506, 452, 427, I.P.C., Police Station Durgaganj, District Bhadohi, pending in the court of Civil Judge (Senior Division)/F.T.C., Bhadohi at Gyanpur. Learned counsel for the applicants submits that the cognizance order, however, no date is mentioned for taking cognizance, has been passed without appreciating the facts, circumstances and position of law. Charge sheet has been submitted under sections 323, 504, I.P.C., inspite of that cognizance order has been passed after adding the Sections for the offence punishable under Sections 347, 506, 452, 427, I.P.C. Learned counsel for the applicants relied upon the judgment of Supreme Court in State of Gujarat Vs. Girish Radhakrishnan Varde (2014) 3 SCC 659. There is no matter for consideration at this stage except the cognizance order, which has been passed in offences without submitting the charge sheet under Sections 347, 506, 452, 427, I.P.C. Due to this reason, the opportunity to hear Private-Opposite Party No. 2 is dispensed with. Versus Counsel for Applicant(s) : Anil Kumar Mishra, Himanshu Giri Counsel for Opposite Party(s) : G.A. Shyamdhar Mishra And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) In view of the above facts and circumstances, the application is allowed and the order of cognizance, however, no date of cognizance is mentioned, is quashed. The court concerned is directed to pass a fresh cognizance order as per law. October 10, 2025 T. Sinha NA528 No. 34975 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad