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2026 DAILYLAW 584 (ALL)

PHOOLCHANDRA AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/10962/2026 · 2026-03-18

Sanjay Kumar Pachori

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10962 of 2026 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Heard Shri Mahesh Kumar, learned counsel for the applicants and Sri Rahul Pandey, brief holder for the State. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Criminal Case Nil of 2025, arising out of Case Crime No. 37 of 2025, under Sections 191(2), 115(2), 352, 351(2), 333, 110, 125 of B.N.S., Police Station- Pipari, District- Kaushambi, as well as cognizance/ summoning order dated 11.12.2025 pending in the Court of Judicial Magistrate, Kaushambi. Learned counsel for the applicants submits that the cognizance order has been passed (without mentioning any date) to took cognizance. A certified copy is on record relating to take cognizance having no date and of month of 2025. As the cognizance order is cryptic and there is no reason to believe that learned Magistrate has applied his judicial mind for taking cognizance. There is no other point for consideration except taking cognizance, having no date and month of taking cognizance of the offence. Due to this reason, the opportunity of hearing the opposite party no. 2 dispensed with at this stage. In view of the above, the present application is allowed. The Versus Counsel for Applicant(s) : Mahesh Kumar Counsel for Opposite Party(s) : G.A. Phoolchandra And 7 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) cognizance order having no date and month is, hereby quashed and the matter is remanded back to the court concerned. The Magistrate is directed to pass fresh order after applying the judicial mind. March 19, 2026 Ishan NA528 No. 10962 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad