HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41946 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present 528 B.N.S.S. application has been filed to quash the impugned summoning order dated 07.03.2026 as well as entire proceedings of Complaint Case No.54009 of 2025 (Nitul Sirohi vs. Swatee Sirohi and others), under sections 115(2), 352, 304 B.N.S., Police Station Sonakpur, District Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court no.2, Moradabad. 3. Learned counsel for the applicants submits that learned magistrate has issued summons against the applicants and while issuing summons has observed that notice was served to the applicants but they did not appear on date fixed. Learned counsel for the applicants next submits that as per as Annexure-6 to the application in regard to service of notice to the applicants, it reveals that server has informed the applicants in regard to date fixed and criminal proceedings through telephone but no phone number has been stated on the report of the process server or record. He next submits that applicants' phone number is not given in the complaint as process server without informing the applicants in regard to proceeding before the trial court has submitted that he has informed the applicants through telephone. Summoning by learned magistrate in aforesaid proceeding is against the provision of Section 223(1) B.N.S.S. 4. Learned AGA opposed the submission raised by learned counsel for the applicants. Versus Counsel for Applicant(s) : Mukesh Joshi Counsel for Opposite Party(s) : G.A. Swatee Sirohi And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Considered the argument raised by learned counsel for the applicants. Summoning by learned magistrate appears that learned magistrate without following provision provided under section 223(1) B.N.S.S. has not considered these aspects before accepting the service of notice to the applicants. Record discloses that there is no phone number mentioned in the summons service report as well as in the complaint. In view of that, summoning order dated 07.03.2026 is set aside and present application is allowed with direction that learned magistrate shall pass a fresh order after hearing the applicants and complainant preferably within the period of six weeks from the date of production of certified copy of this order. September 30, 2026 SKD NA528 No. 41946 of 2026 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad