HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38153 of 2026 Court No. - 72 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 impugned summoning order dated 05.06.2026 passed by the learned Judicial Magistrate/Civil Judge (J.D.)/F.T.C. (14th Finance Commission) District Jhansi as well as entire proceeding of Complaint Case No.23832 of 2024 (Smt. Urmila Devi Vs. Deepak Sen and another) under Sections 387, 504, 506 of I.P.C. Police Station Nawabad, District-Jhansi, pending in the Court learned Judicial Magistrate/Civil Judge (J.D.)/F.T.C. (14th Finance Commission) District Jhansi. 4. Learned counsel for the applicants submits that opposite party no.2/complainant filed application U/s 156(3) Cr.P.C., thereafter, applicants have been summoned. He next submitted that summoning by learned Magistrate by order dated 05.06.2026 is in contravention of Proviso to Clause 1 of Section 223 B.N.S.S. which provides that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. Learned Magistrate before taking cognizance and issuance of process, applicants have not been heard. Argument of the learned counsel for the applicants having legal force and prima-facie discloses that the applicants have not been given opportunity before taking cognizance and issuance of process. Versus Counsel for Applicant(s) : Om Prakash Yadav Counsel for Opposite Party(s) : G.A. Deepak Sen And Another .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) 5. Per contra, learned AGA has not disputed the facts argued by learned counsel for the applicants. 6. The cognizance and summoning by learned Magistrate is hereby set aside. The present application is disposed of with direction that learned Magistrate shall pass a fresh order 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. October 5, 2026 Nitin Verma NA528 No. 38153 of 2026 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad