HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35670 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 3. The present 528 BNSS application has been filed to quash the entire proceeding of the Complaint Case being Complaint Case No. 944 of 2025 (Sohan Yadav v. Arvind Yadav and Others) P.S Jahanaganj, District Azamgarh Computer Case No. UPAZ040394812026 including the Summoning order dated 24.07.2026 under section 115(2), 351(3) and 352 of Bhartiya Nyay Sanhita, Passed by Judicial Magistrate, Court No. 20, Azamgarh. 4. Learned counsel for the applicants submits that opposite party no.2 filed application U/s 173(4) BNSS and the same was treated as complaint vide order dated 16.05.2025. The provision U/s 223(1) BNSS provides that learned Magistrate has to issue notice to accused before taking cognizance. From the record, it is apparent that learned Magistrate, on the application of opposite party no.2 filed U/s 173(4) BNSS, has taken cognizance vide order dated 16.05.2025. From the record and order sheet, there is no evidence that before taking cognizance, i.e., 16.05.2025, court had issued any notice in pursuance of provision provided U/s 223(1) BNSS, therefore, learned Magistrate order for issuance of summons against the applicants are abuse of process of court. Summoning by learned Magistrate is without application of judicial mind and against the Versus Counsel for Applicant(s) : Devbratt Yadav, Ram Pratap Yadav Counsel for Opposite Party(s) : G.A. Arvind Yadav And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) provision provided under the BNSS Act. 5. Argument raised by the counsel for applicants having legal force and prima facie discloses that the applicants have not been given opportunity before taking cognizance and issuance of process. 6. Per contra, learned AGA has not disputed the facts argued by learned counsel for the applicants. 7. The summoning order dated 24.07.2026, passed by learned Magistrate, is hereby set aside. The present application is disposed of with direction that learned Magistrate shall pass a fresh order, after hearing both the parties, in accordance with law under Proviso 1 of Section 223 B.N.S.S. within two months from the date of production of certified copy of this order. September 30, 2026 Nitin Verma NA528 No. 35670 of 2026 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad