HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33151 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Certified copy of order dated 31.07.2026 passed in Application u/s 528 BNSS no.24122 of 2026 (Ram Kumar vs. State of U.P. and Another) preferred by learned counsel for applicant in Court is taken on record. 2. Heard learned counsel for applicant and learned A.G.A. for State. 3. The instant application has been preferred for challenging the charge- sheet dated 25.09.2025 along with cognizance/summoning order dated 20.01.2026 and the entire proceedings of Case No.264 of 2026 (State vs. Munni Devi and Others) arising out of Case Crime No.01 of 2022, under sections 420, 466, 467, 468, 471, 409, 201 IPC, P.S. Bargarh, District- Chitrakoot, pending in the court of learned Chief Judicial Magistrate, Chitrakoot. 4. At the very outset, learned counsel for applicant submitted that the co- accused, namely, Ram Kumar, whose role are similar and identical to the present applicant in same case crime number, preferred an Application u/s 528 BNSS no.24122 of 2026 (Ram Kumar vs. State of U.P. and Another), wherein this Court after considering the legal arguments made by learned counsel for the applicant vide dated 31.07.2026, has set-aside the impugned cognizance order and give liberty to learned court concerned to proceed afresh from the stage of taking cognizance of offence, if required, after due compliance of provisions under section 197 Cr.P.C. and as such, the same order is also liable to be passed in the instant matter in favour of applicant herein. 5. Although, learned A.G.A. opposed the prayer sought through instant application, but did not dispute the legal arguments as made in respect of judgment and order dated 31.07.2026 passed by this Court. Versus Counsel for Applicant(s) : Aadesh Kumar Srivastava, Rajesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Kamlesh Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. In view of foregoing discussion and parity of the judgment and order dated 31.07.2026 passed by this Court, which is applicable in favour of applicant also, the impugned cognizance/summoning order dated 20.01.2026 passed in Case No.264 of 2026 (State vs. Munni Devi and Others) arising out of Case Crime No.01 of 2022, under sections 420, 466, 467, 468, 471, 409, 201 IPC, P.S. Bargarh, District- Chitrakoot, pending in the court of learned Chief Judicial Magistrate, Chitrakoot, is hereby set-aside. However, this order will not preclude the learned court concerned to proceed afresh from the stage of cognizance of offence after due compliance of provisions under section 197 Cr.P.C., in the light of judgment and order dated 31.07.2026 passed in case of Ram Kumar (supra). 7. The instant application u/s 528 BNSS stands partly allowed accordingly. September 8, 2026 Saif NA528 No. 33151 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad