Allahabad High Court
AKHILESH KUMAR SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The summoning order was set aside as it was issued after cognizance without proper notice, and the application under Section 528 BNSS was disposed of.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash a summoning order dated 09‑02‑2026 issued by the Civil Judge (Junior Division) in Complaint Case No. 23484 of 2024 (Vimlesh Kumari v. Akhilesh Kumar Singh & Others) under IPC sections 498A, 323, 506 and the Dowry Prohibition Act. They contended that the magistrate had taken cognizance before issuing the required notice under Section 233 BNSS and that no effective service of the notice was made, depriving them of the opportunity to file an objection. The High Court examined whether the procedural requirement of notice prior to cognizance had been complied with. Finding that the notice was issued after cognizance and that the applicants were not given a chance to object, the Court set aside the summoning order. The matter was remitted to the trial court for the applicants to appear on 25‑05‑2026 and file any objection, with directions to decide the objection promptly and without unnecessary adjournments. The application under Section 528 BNSS was thereafter disposed of.
Issues considered
- Whether the summoning order dated 09‑02‑2026 is vitiated for being issued after the magistrate had taken cognizance, contrary to Section 233 BNSS.
- Whether the applicants were denied the statutory right to be served notice and to file an objection, warranting quash of the order and the proceedings.
Legislation cited
- BNSS — s. 233, 528
- Dowry Prohibition Act
- Indian Penal Code — s. 323, 498A, 506
Subjects
- quash
- summoning order
- notice requirement
- cognizance
- Section 528 BNSS
- Section 233 BNSS
- IPC 498A
- Dowry Prohibition Act
- procedural defect
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18800 of 2026
Akhilesh Kumar Singh And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Om Prakash Dwivedi,
Saumitra Dwivedi, Suraj
Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard Sri Saumitra Dwivedi, learned counsel for the
applicants and Sri P. P. Pandey, learned A.G.A. for the State.
2. This application under Section 528 BNSS has been filed by
the applicants to quash the summoning order dated 09.02.2026
passed by Civil Judge (Junior Division)/FTC, CAW, Fatehpur
as well as entire proceedings of Complaint Case No. 23484 of
2024 (Vimlesh Kumari Vs Akhilesh Kumar Singh & Others)
u/s 498A, 323, 506 IPC & 3/4 Dowry Prohibition Act, Police
Station Ghazipur, District Fatehpur, pending in the court of
Civil Judge (Junior Division)/FTC, CAW, Fatehpur, be
quashed.
3. Applicants' counsel submits that learned Magistrate after
taking cognizance, issued notice to the applicant/accused in
pursuance of provision provided U/s 233 BNSS. On perusal of
order sheet, it appears that no effective service was done on
applicant and had no knowledge regarding notice. It is apparent
from the order sheet that learned Magistrate issued notice after
cognizance whereas the provision provided that before taking
cognizance, notice should be issued to the accused person.
Applicant was not given liberty for filing objection.
NA528 No. 18800 of 2026
2
4. Considering the argument advanced by applicants' counsel,
the summoning order issued by trial court dated 09.02.2026 is
hereby set aside. Matter is remitted back to trial court or court
concerned that if applicants appear on 25.05.2026 and file
objection before the court concerned/Magistrate, the Magistrate
shall decide the objection/application of the applicants, after
hearing both the parties, in accordance with law, with speaking
order, without granting any unnecessary or long adjournments
to either of the parties.
5. With the aforesaid directions, this application under Section
528 BNSS stands disposed of.
May 6, 2026
Nitin Verma
(Deepak Verma,J.)
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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