HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37527 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been preferred for seeking quashing of charge-sheet dated 25.11.2024 and cognizance/summoning order dated 22.05.2026 passed by learned Chief Judicial Magistrate, Mau along with entire proceedings of Criminal Case No.16530 of 2026 (State vs. Vandana Gupta) arising out of Case Crime No.439 of 2024, under Sections 115(2), 351(2), 352 BNS, P.S. Saray Lakhansi, District- Mau. 3. Learned counsel for the applicant submits while taking cognizance of offence vide order dated 22.05.2026 although case has been registered in pursuance to sections 115(2), 351(2), 352 BNS, under section 2(1)h BNSS as complaint case, but at the same time learned court of Chief Judicial Magistrate, Mau has not complied mandatory provisions of section 223 BNSS, through which notice is mandatory to be issued to the applicant being implicated in Case Crime No.439 of 2024, which has been registered as complaint case. 4. For ready reference section 223 BNSS is reproduced herein below :- "223. Examination of complainant. (1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also Versus Counsel for Applicant(s) : Rajat Singh Counsel for Opposite Party(s) : G.A. Vandana Gupta @ Km Bandana .....Applicant(s) State of U.P. and Another .....Opposite Party(s) by the Magistrate: Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard: Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses- (a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212: Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re- examine them. (2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless- (a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and (b) a report containing facts and circumstances of the incident from the officer superior to such public servant is received." 5. Although learned AGA vehemently opposed the prayer sought through instant application and rebutted the stand taken up by learned counsel for the applicant, but he did not dispute the mandatory provisions of section 223 BNS, which ought to be complied by every court of law, which is taking cognizance of offence in pursuance to report submitted by concerned Investigating Officer/police authority, where the case has been registered as complaint case under section 2(1)h BNSS. 6. Since legal issue has been raised by learned counsel for the applicant and as such process for issuing notices upon opposite party no.2 is hereby dispensed with. NA528 No. 37527 of 2026 2 7. After hearing rival submissions extended by learned counsel for the parties, it is crystal clear that the mandatory provisions of section 223 BNSS is integral part of the procedure which has been adhered by every court of law, who is competent to take cognizance when the matter has been registered as complaint case in pursuance to section 2(1)h BNSS and as such order dated 22.05.2026 is liable to be set-aside. 8. In view of aforementioned facts and circumstances of the case, the impugned cognizance/summoning order dated 22.05.2026 is hereby set- aside. Learned Chief Judicial Magistrate, Mau is hereby directed to take fresh cognizance of offence, if required, after compliance of mandatory provisions as defined under section 223 BNSS. 9. Accordingly, the instant application is party allowed. September 16, 2026 Saif NA528 No. 37527 of 2026 3 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad