HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33890 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Supplementary affidavit filed by the applicants, is taken on record. 2. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 3. This application under Section 528 B.N.S.S. has been filed by the applicants to quash the entire proceeding of Complaint as well as summoning order dated 30.04.2026 Case No. 1164 of 2025 (Smt. Saroj Vs Aman and others), Under Section-74, 115(2), 352, 351(1) BNS 2023, Police Station Jaqspura, District Banda, pending in the Court of Special Judge (POCSO Act)/ Additional Session Judge Banda, District- Banda. 4. By means of supplementary affidavit, learned counsel for the applicants has filed complete order sheet of the proceedings of the present case. 5. Learned counsel for the applicants submits that the present complaint was lodged through an application under Section 173(4) BNSS and the learned Magistrate, by order dated 26.11.2025, treated the application under Section 173(4) BNSS as a complaint case. He further submits that the learned Magistrate has not issued any notice in compliance of provisions under Section 223(1) BNSS. The order-sheet and summoning order prima facie disclose that no notice was ever served in compliance of provisions under Section 223(1) BNSS. 6. Per contra, learned AGA has not disputed the facts argued by learned Versus Counsel for Applicant(s) : Ajay Kumar Dwivedi, Krishna Dutt Tiwari Counsel for Opposite Party(s) : G.A. Smt. Indrani Devi And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) counsel for the applicants. 7. The order dated 30.04.2026, by which the applicants have been summoned by the learned Magistrate is, hereby, set aside. The present application is disposed of with the direction that learned Magistrate shall pass a fresh order in accordance with law under Proviso 1 of Section 223 B.N.S.S. within a period of eight weeks from the date of production of certified copy of this order. September 8, 2026 Nisha NA528 No. 33890 of 2026 2 (Deepak Verma,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad