Allahabad High Court
NA528/13522/2026 of RAM PRATAP SINGH Vs STATE OF U.P. AND 2 OTHERS on 19 April 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13522 of 2026 Court No. - 82 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present application under Section 528 BNSS has been
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 13522 of 2026
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
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1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. The present application under Section 528 BNSS has been filed with the prayer to modify the summoning order dated 23.02.2026 passed by learned Additional Chief Judicial Magistrate, Court No. 1, Fatehpur, in Complaint Case No. 5898 of 2025 (Ram Pratap Singh Vs. Shivam Singh alias Lalla and others), under Sections 115(2), 324(2) B.N.S., Police Station Laluati, District Fatehpur.
3. Learned counsel for the applicant submits that the applicant is the complainant of the aforesaid case. On 13.03.2025 both the accused (opposite party Nos. 2 and 3) stopped him forcibly, looted Rs. 700/- and broke his mobile phone and also they assaulted on his head with sticks, due to which he sustained grievous injuries. For the alleged incident. The applicant's brother informed the police and the police came to spot and called him. He gave written application regarding the alleged incident and the police got medically examined him. When F.I.R. could not be lodged the applicant moved an application under Section 173(4) BNSS on 24.03.2025. The said application was treated as complaint. The applicant adduced his oral as well as documentary evidence along with his injury report, but without considering the nature of injuries sustained by him the trial court has summoned the accused only under Section 115(2), 324(2) BNS, rather they would be summoned by the trial court to face the trial under Section 117(2), 109 BNS as he sustained fracture of spine of scapula on right shoulder, which is grievous in nature. Thus, it has been argued that the impugned summoning order is unjust, illegal and improper as it is not in consonance with injury report of the injured/ applicant.
4. Having heard the learned counsel for the applicant. Versus Counsel for Applicant(s) : Agraj Kumar Mishra, Raksha Chauhan, Rishi Kant Rai, Upendra Kumar Singh Counsel for Opposite Party(s) : G.A. Ram Pratap Singh .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
5. From perusal of impugned summoning order, it does appear that the trial court has not considered the injury report of the injured while summoning the accused persons as there is no any finding regarding injuries sustained by the injured, rather the impugned summoning order confines only with the allegation of snatching of mobile phone and loot of seven hundred rupees.
6. In view of above facts and circumstances, the present application under Section 528 BNSS is, accordingly, allowed. The impugned order dated 23.02.2026 is hereby set aside.
7. The matter is remitted to the Additional Chief Judicial Magistrate, Court No. 1, Fatehpur to pass fresh order, strictly in accordance with law, keeping in mind the observations made herein above. April 20, 2026 Mustaqeem. NA528 No. 13522 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad