HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 17207 of 2026 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for State. 2. The instant application has been preferred for seeking quashing of the order dated 01.07.2025 passed by learned Chief Judicial Magistrate, Azamgarh in Criminal Case No.1161 of 2013 (State Vs. Birju and Others) arising out of NCR No.124 of 2009, under sections 323, 504, 506, 325 IPC, P.S. Mubarakpur, District- Azamgarh. 3. Brief facts of the case is that initially an application u/s 155(2) Cr.P.C. was preferred before learned Magistrate concerned for investigating an NCR No.124 of 2009, under sections 323, 504, 506, 325 IPC, P.S. Mubarakur, District- Azamgarh, which was allowed vide order dated 18.08.2009 and the concerned Magistrate directed the concerned SHO to investigate the above matter, wherein after conducting detail investigation concerned Investigating Officer preferred charge-sheet on dated 12.08.2011 in pursuance to sections 325, 323, 504, 506 and thereafter trial was proceeded. 4. During trial, applicant preferred an application u/s 319 Cr.P.C. before learned trial court with a prayer to summon one Harikesh/opposite party no.3 herein, who was not charge-sheeted during the course of investigation, which was allowed vide order dated 11.10.2018 and the accused Harikesh was summoned for facing trial; aggrieved with the above order, opposite party no.3 preferred Criminal Revision No.160 of 2019 before this Court, wherein co-ordinate Bench of this Court vide order 13.09.2019 set-aside the order dated 11.10.2018 and remanded the matter back to court below to pass appropriate order in accordance with law in view of letter of Indian Army dated 16.10.2018 referred to above after providing him sufficient opportunity of hearing within two months from the date of production of certified copy of this order. Versus Counsel for Applicant(s) : Harendra Prasad Yadav Counsel for Opposite Party(s) : G.A. Harishchandra .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. Thereafter, opposite party no.3 filed an objection on 06.11.2019 along with order of this Court dated 13.09.2019 against his summoning before learned trial court, which was further rejected vide order dated 05.12.2019; aggrieved with the above order opposite party no.3 again preferred Criminal Revision No.56 of 2020 before the learned Session Court, which was allowed vide order dated 27.08.2021 and directed the court below to decide the case after hearing both the parties and pass a lawful order. 6. Further, opposite party no.3 filed an objection along with order dated 27.08.2021 before learned trial court in Criminal Case No.1161 of 2013 (State vs. Birju and Others) arising out of NCR No.124 of 2009, but this time learned court concerned rejected the application of applicant dated 04.04.2014 u/s 319 Cr.P.C. vide order dated 01.07.2025, which impugned the instant application. 7. Learned counsel for the applicant submits that the impugned order dated 01.07.2025 passed by learned court concerned is illegal, unreasonable and unjustified, since there was proper evidence against the accused Harikesh during the course of investigation and even that he was not charge-sheeted and this fact has not been considered by learned court concerned while passing the impugned order, which is totally unjustified and without application of mind and as such the impugned order is liable to be quashed by this Court. 8. Per contra, learned AGA vehemently opposed the prayer sought through instant application and rebutted the stand taken up by learned counsel for the applicant and supported the impugned order dated 01.07.2025 passed by learned Chief Judicial Magistrate, Azamgarh. 9. After hearing rival submission extended by learned counsel for the parties and upon consideration of aforesaid provisions, this Court finds that there is hardly any infirmity in the order dated 01.07.2025, which impugned the instant application, since the reasoning recorded by learned court concerned is totally justified. 10. Accordingly, the instant application is dismissed. May 5, 2026 Saif NA528 No. 17207 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad