HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35681 of 2026 Court No. - 77 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Mahendra Pratap Singh, learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to allow this application and quash the the Charge Sheet bearing No.91/26 dated 23.05.2026 under section 303 (2) BNS as well as entire further proceedings of case No.20863 of 2026 titled "State versus Dharmendra and others" arising out of Case Crime No.36 of 2026 under section 303(2) BNS, Police Station Araul, District Kanpur Nagar, pending in the court of Additional Chief Judicial Magistrate-III District Kanpur Dehat and may also be pleased to set aside the summoning order dated 30.05.2026 passed by Additional Chief Judicial Magistrate-III, District Kanpur Dehat. 3. Learned counsel for the applicant submits that vide order dated 30.05.2026 the applicant has been summoned to face trial under Section 303(2) of B.N.S. without taking cognizance. It has further been submitted that the order impugned has been passed without application of judicial mind in a cursory manner. 4. Considering the aforesaid facts and circumstances of the case as well as in the interest of justice the order dated 30.05.2026 is hereby set aside and the matter is hereby remitted back to the Court concerned to pass an appropriate order in accordance with law after giving opportunity to both the parties and subject to their cooperation if, there is no other legal Versus Counsel for Applicant(s) : Mahendra Pratap Singh Counsel for Opposite Party(s) : G.A. Sarthak @ Chhotu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) impediment. 5. With the aforesaid direction, the application is allowed. October 6, 2026 Nisha NA528 No. 35681 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad