No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No. 109 of 2026 Hon’ble Alok Mahra, J. Mr. Yogesh Pant, learned counsel for the applicant. 2. Mr. Bhaskar Joshi, learned A.G.A. for the State. 3. Ms. Irum Zeba, learned counsel, holding brief of Dr. Kartikey Hari Gupta, learned counsel for respondent no.2/Bank. 4. The present Criminal Misc. Application filed under Section 528 of BNSS has been filed by the applicant for quashing summoning order dated 03.06.2024 passed in Criminal Case No. 735 of 2024, State Vs. Uttarakhand Vs. Gyan Kaur and Others, under Sections 406 and 424 of IPC, pending in the court of learned Judicial Magistrate, Khatima, District Udham Singh Nagar, and the entire proceedings arising out from it. 5. Learned counsel for the applicant would submit that applicant was a guarantor to a loan taken by M/s North Star Rice and Flour Mill and M/s Jammu Agro. There was some default in the payment of the bank loan, therefore, proceeding under the SARFAESI Act were initiated against the borrower and guarantor. During the pendency of the proceedings under SARFAESI Act, an FIR was also lodged by the Bank against the borrower and the present applicant. It is further submitted that during the investigation, the Investigating Officer did not find any material against the applicant and his name was expunged from the chargesheet. It is further submitted that despite the fact, the applicant was not named in the chargesheet, he was summoned by the Magistrate for facing trial in respect of FIR No. 96 of 2022, under Section 406, 424 of IPC. It is further submitted that since, the name of the applicant was removed in the chargesheet, therefore, the Magistrate without applying his mind, have issued the summoning order against the applicant, without passing a reasoned order. 6. Heard learned counsel for the parties and perused the record. 7. Having considered the submissions under the facts and circumstances of the case, this Court is of the view that allowing the criminal proceedings to continue against the applicant would be an abuse of the process of law. Therefore, this Court is of the considered view that it is a fit case to exercise its inherent jurisdiction under Section 528 of BNSS to secure the ends of justice. 8. Accordingly, the present criminal miscellaneous application filed under Section 528 of BNSS is allowed. The chargesheet No.90 of 2023 dated 08.08.2023, cognizance/summoning order dated 03.06.2024 passed in Criminal Case No. 735 of 2024, State Vs. Uttarakhand Vs. Gyan Kaur and Others, under Sections 406 and 424 of IPC, pending in the court of learned Judicial Magistrate, Khatima, District Udham Singh Nagar, and the entire proceedings arising out from it is hereby quashed qua the applicant. (Alok Mahra J.) Vacation Judge 22.01.2026 Ujjwal