SWATEE SIROHI AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

        HIGH COURT OF JUDICATURE AT ALLAHABAD

          APPLICATION U/S 528 BNSS No. - 41946 of 2026



Swatee Sirohi And 3 Others
                                                           .....Applicant(s)
                                 Versus
State of U.P. and Another
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)                          :    Mukesh Joshi
Counsel for Opposite Party(s)                     :    G.A.

Court No. - 74


                   HON'BLE DEEPAK VERMA, J.

1. Heard learned counsel for the applicants and learned AGA for the
State.

2. The present 528 B.N.S.S. application has been filed to quash the
impugned summoning order dated 07.03.2026 as well as entire
proceedings of Complaint Case No.54009 of 2025 (Nitul Sirohi vs.
Swatee Sirohi and others), under sections 115(2), 352, 304 B.N.S., Police
Station Sonakpur, District Moradabad, pending in the court of learned
Additional Chief Judicial Magistrate, Court no.2, Moradabad.


3. Learned counsel for the applicants submits that learned magistrate has
issued summons against the applicants and while issuing summons has
observed that notice was served to the applicants but they did not appear
on date fixed. Learned counsel for the applicants next submits that as per
as Annexure-6 to the application in regard to service of notice to the
applicants, it reveals that server has informed the applicants in regard to
date fixed and criminal proceedings through telephone but no phone
number has been stated on the report of the process server or record. He
next submits that applicants' phone number is not given in the complaint
as process server without informing the applicants in regard to proceeding
before the trial court has submitted that he has informed the applicants
through telephone. Summoning by learned magistrate in aforesaid
proceeding is against the provision of Section 223(1) B.N.S.S.


4. Learned AGA opposed the submission raised by learned counsel for
the applicants.
                                                                                              NA528 No. 41946 of 2026
                                                                     2

                                        5. Considered the argument raised by learned counsel for the applicants.
                                        Summoning by learned magistrate appears that learned magistrate without
                                        following provision provided under section 223(1) B.N.S.S. has not
                                        considered these aspects before accepting the service of notice to the
                                        applicants. Record discloses that there is no phone number mentioned in
                                        the summons service report as well as in the complaint. In view of that,
                                        summoning order dated 07.03.2026 is set aside and present application is
                                        allowed with direction that learned magistrate shall pass a fresh order
                                        after hearing the applicants and complainant preferably within the period
                                        of six weeks from the date of production of certified copy of this order.


                                        September 30, 2026
                                        SKD
                                                                                             (Deepak Verma,J.)




Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad