HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40534 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 528 B.N.S.S. application has been filed to quash the impugned summoning order dated 26.03.2025 as well as entire proceedings in Complaint Case No.500 of 2025 (M/s K.B.Poli-cam (India) Ltd. vs. M/s I.S.Enterprises, under section 316(2) B.N.S., Police Station Sikandara, District Agra, pending in the court of 1st Additional Chief Judicial Magistrate, Court No.1, Agra. 3. Learned counsel for the applicant submits that present complaint lodged by opposite party no.2 on 10.01.2025. Court on 10.01.2025 registered a case under section 223 B.N.S. as complaint and court took cognizance and directed the complainant to produce witnesses for recording the statement under sections 223 & 225 B.N.S. From the record, it is apparent that learned magistrate before taking cognizance has not issued any notice to the applicant or no opportunity of hearing was provided to applicant as per as provision provided under section 223 (1) B.N.S.S. 4. Per contra, learned AGA has not disputed the facts argued by learned counsel for the applicants. 5. The order dated 26.03.2025 by which the applicant has been summoned by the learned magistrate is hereby, set aside. The present application u/s 528 B.N.S.S. is disposed of with direction that learned magistrate shall pass a fresh order in accordance with law after giving opportunity of hearing to the applicant under section 223 (1) B.N.S.S. within a period of eight weeks from the date of production of certified copy of this order. September 23, 2026 SKD Versus Counsel for Applicant(s) : Ajay Dubey Counsel for Opposite Party(s) : G.A. (Deepak Verma,J.) Israr .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad