Allahabad High Court
PHOOLCHANDRA AND 7 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The cognizance order is invalid and is quashed because it is undated and shows no exercise of judicial mind.
Summary
The applicants filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the proceedings of Criminal Case Nil of 2025, which originated from Crime No. 37 of 2025. The contention was that the cognizance order issued by the Judicial Magistrate was undated and did not indicate that the magistrate had exercised his judicial mind in taking cognizance. The court examined whether a cognizance order lacking a date and any indication of judicial consideration is valid. Finding that the order was cryptic and failed to satisfy the requirement of a reasoned cognizance, the court held it defective. Consequently, the application was allowed, the cognizance order was quashed, and the matter was remanded to the magistrate to pass a fresh, reasoned order.
Issues considered
- Whether a cognizance order that does not mention the date and lacks any indication of the magistrate's judicial mind is valid under Section 528 of the Bharatiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 110, 115, 125, 191, 333, 351, 352, 528
Subjects
- cognizance order
- quash
- Section 528
- judicial mind
- procedural defect
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10962 of 2026
Phoolchandra And 7 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahesh Kumar
Counsel for Opposite Party(s) : G.A.
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
NA528 No. 10962 of 2026
2
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
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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