Akhilesh Kumar Singh And 2 Others vs State Of U.P. And Another
- Neutral2026:AHC:104125
Ratio decidendi
The rule this decision rests on
Where a Magistrate takes cognizance and issues notice to an accused under Section 233 BNSS without effective service on the accused and without affording the accused an opportunity to file objections before cognizance is taken, the summoning order is liable to be set aside and the matter must be remitted to the trial court to afford the accused a proper opportunity to be heard and to file objections in accordance with law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
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.
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.
(Deepak Verma,J.)
May 6, 2026
Nitin Verma
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