HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37434 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 summoning order dated 03.02.2025 passed by learned A.C.J.M./Civil Judge (Senior Division)/F.T.C., Chitrakoot as well as order dated 17.07.2026 passed by Session Judge, Chitrakoot and the entire proceedings of Complaint Case No.4639 of 2024 (Smt. Gulfi Vs. Smt. Janna and others), under section 323 I.P.C.. Police Station Karwi, District-Chitrakoot, pending in the court of learned Civil Judge (Senior Division), Chitrakoot. 4. Learned counsel for the applicants submits that opposite party no.2/complainant filed application U/s 156(3) Cr.P.C. and the same was treated as complaint on 06.07.2024, thereafter, applicants have been summoned. He next submitted that summoning by learned Magistrate by order dated 03.02.2025 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 Versus Counsel for Applicant(s) : Amit Kumar Singh Counsel for Opposite Party(s) : G.A. Smt Janna And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) taking cognizance and issuance of process. 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. 37434 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