NA528/12221/2026 of KALLU AND 4 OTHERS Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12221 of 2026 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Rakesh Kumar Mathur, learned counsel appearing on behalf of applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash entire proceeding of Case no. 6059 of 2024 (State vs. Kallu and others) arising out of Case Crime no. 0088 of 2024 under sections 147, 452, 323, 504, 506 IPC, PS- Fatehpur, District Fatehpur as well as charge sheet dated 9.7.2024 and cognizance/summoning order dated 1.7.2024 passed by learned Judicial Magistrate, Khaga, Fatehpur. 3. Although notices have been issued against opposite party no. 2 through learned Chief Judicial Magistrate, Fatehpur and it has been reported by the office that notices have been served upon opposite party no. 2 in person on dated 12.4.2026 but when the matter has been taken up today, none appeared either in person or through counsel at the behest of opposite party no. 2. No option left but to consider the prayer as made through instant application, since it is the moral and legal obligation over opposite party no. 2 to attend the court proceedings wherein the cause of action for registration of Case Crime no. 0088/2024 has been put under challenge. 4. A precise question of law has been raised by learned counsel for the applicants that it is apparent from the record that cognizance order dated 1.7.2024 perhaps is issued in some other offences which has been placed in shape of charge sheet but related to instant matter, since charge sheet has Versus Counsel for Applicant(s) : Mrityunjay Pandey, Rakesh Kumar Mathur, Sanjay Pandey Counsel for Opposite Party(s) : G.A. Kallu And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) been preferred in Case Crime no. 0088 of 2024 on dated 9.7.2024 itself, meaning thereby cognizance of offence over the charge sheet has been taken up by learned concerned court two months before filing of the charge sheet which might be a clerical error but the same cannot be perpetuated to be continued in shape of commencement of trial which will certainly create some doubt over the institution of the matter which has been initiated for trial for summoning the applicants in pursuance to sections 147, 452, 323, 504 and 506 IPC pending before learned court of Judicial Magistrate, Khaga, District Fatehpur. 5. Since legal issue in respect of date has only been apprised by learned counsel appearing before this Court at the behest of applicant, as such order dated 1.7.2024 through which cognizance of offence has been taken up and the applicants have been summoned is hereby set aside. Matter is remitted back to learned Judicial Magistrate, Fatehpur/learned concerned court for reconsidering over the issue of taking cognizance of offence in respect of charge sheet dated 9.7.2024, if required. 6. The instant application u/s 528 BNSS stands partly allowed accordingly. April 20, 2026 Shaswat NA528 No. 12221 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad