QAYUMversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 37618 of 2026

Qayum
                                                             .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Abdul Hafeez Farooqui, Irshad Ahmad
Counsel for Opposite Party(s) : G.A.

Court No. - 75
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

1. The present application u/s 528 BNSS has been filed challenging the
cognizance order dated 24.12.2018 as well as charge sheet dated
20.02.2018 and the entire proceeding of Case No. 583 of 2018, arising out
of Case Crime No. 410 of 2018, under Section 3/5/8 of U.P. Prevention of
Cow Slaughter Act, Police Station Asmoli, District Sambhal.

2. Counsel for the applicant confines his arguments to the first part of the
submission that the cognizance order is bereft of application of mind and
has been passed on the cyclostyled copy. He thus argues that the
cognizance order suffers from the vice of non-application of mind and
therefore is liable to be set aside on that ground alone. In support of his
submission, he placed reliance on the judgment of the Supreme Court in
the case of Megh Nath Gupta & another Vs. State of U.P. and
another, 2008 (62) ACC 826 as well as Single Judge judgment and order
passed by this Court in the case of Ankit Vs. State of U.P. and another
[(2009) (9) ADJ 778] on an Application No. 19647 of 2009 filed under
Section 482 CrPC on 15.10.2009. He, thus, argues that the summoning
order is liable to be set aside in view of the well settled law of this Court.
He also placed before me several orders passed by this Court whereby
similar orders have been set aside by this Court and the matters have been
remanded before the Trial Court for fresh orders in accordance with law.

3. A perusal of the cognizance order impugned in the present proceedings
clearly demonstrates that there was no application of mind whatsoever
prior to the passing of the summoning order, which has been repelled by
                                                                                        NA528 No. 37618 of 2026
                                                                  2


                                    this Court in various judgments.

                                    4. In view of the categorical pronouncements of this Court, the impugned
                                    order dated 24.02.2018 passed by Judicial Magistrate, Sambhal in the
                                    aforementioned case, is set aside and the matter is remanded before the
                                    concerned Magistrate for passing fresh orders of summoning and
                                    cognizance if it deems fit.

                                    5. Consequently, the present application is allowed in part and the
                                    impugned order dated 24.02.2018 is set aside in terms of the order passed
                                    above.

                                    6. Let a copy of this order be sent to the concerned Court below for its
                                    compliance as stated above.



                                                                                (Dr. Gautam Chowdhary,J.)
                                    September 9, 2026
                                    Mustaqeem.




Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad