HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7148 of 2026 Court No. - 90 HON'BLE ABDUL SHAHID, J. 1. Case called out in the revised list. None is present for the opposite party no. 2 despite sufficient notice. 2. Heard learned counsel for the appellant. 3. The criminal appeal has been filed against the impugned summoning order dated 21.01.2026 passed by the learned Special Judge SC/ST Act/Additional District and Sessions Judge, Court no. 2, Pilibhit, in Complaint Case No. 29 of 2025 (Ramchandra vs. Shamshad and another), under sections 352, 351(2) B.N.S., and section 3(1)(1) of SC/ST Act, Police Station Barkhera, District Pilibhit. 4. Learned counsel for the appellant has raised a legal question that the learned trial court, prior to passing the impugned order dated 21.01.2026, did not provide an opportunity of hearing to the prospective accused under the provisions of Section 223 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), which mandates that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. This legal position has not been considered by the learned trial court. 5. In view of this legal non-compliance, the impugned order dated 21.01.2026 is hereby set aside. 6. The learned trial court is directed to pass a fresh order after following the provisions of Section 223 of the B.N.S.S. in accordance with law. 7. With these observations and directions, the criminal appeal is allowed. September 23, 2026 K.K. Maurya Versus Counsel for Appellant(s) : Anamika Singh, Jitendra Pal Singh, Pradeep Kumar Singh Counsel for Respondent(s) : Azhar Ahmad, G.A. (Abdul Shahid,J.) Shamshad And Another .....Appellant(s) State of U.P. and Another .....Respondent(s) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad