Dr Amritanshu Gupta and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Dr Amritanshu Gupta and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of: impugned summoning order dated 06.08.2025 (ACJM-I, Gautam Buddha Nagar) set aside; matter remitted back to the Court concerned to pass a fresh order strictly in accordance with law expeditiously, preferably within six weeks, after giving opportunity of hearing to both the parties, subject to no other legal impediment.

Issue for consideration

Whether the summoning order dated 6.8.2025 passed without affording the applicants an opportunity of hearing, as provided under Section 223 of BNSS, and thereby the further proceedings of Complaint Case No.3048 of 2024, were liable to be quashed/set aside.

Court's answer

Since Section 223 BNSS was already in force when the summoning order was passed, an opportunity of hearing ought to have been accorded to the applicants before cognizance was taken.

Ratio / Principle

The impugned summoning order dated 06.08.2025 passed by the learned Additional Chief Judicial Magistrate-I, Gautam Buddha Nagar is set aside and the matter is remitted back to the Court concerned to reconsider and pass a fresh order strictly in accordance with law expeditiously, preferably within six weeks, after giving an opportunity of hearing to both the parties, if there is no other legal impediment.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposed of an Application U/S 528 BNSS (No. 39239 of 2025) by Dr Amritanshu Gupta and 3 others versus State of U.P. and another, which sought quashing of the further proceedings of Complaint Case No.3048 of 2024 (Dhruv Sharma Vs. Smt. Amritanshu Gupta & others) under Sections 323, 380, 504, 506, 406, 452, 120-B I.P.C. (Police Station Beta II, NOIDA, District Gautam Buddha Nagar) and of the summoning order dated 06.08.2025 passed by the learned A.C.J.M.-I, Gautam Buddha Nagar. Relying on the observations of the Supreme Court in Kushal Kumar Agarwal vs. Directorate of Enforcement (decided 09.05.2025) and on the proviso to sub-section (1) of Section 223 BNSS, which bars the Magistrate from taking cognizance without hearing the accused, the Court held that since the complaint was lodged on 28.6.2024 and the summoning order issued on 06.08.2025 when Section 223 BNSS was already enforced, an opportunity of hearing ought to have been accorded before cognizance was taken. The summoning order was set aside and the matter remitted back for a fresh order strictly in accordance with law, preferably within six weeks, after hearing both parties, if there is no other legal impediment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39239 of 2025

Dr Amritanshu Gupta And 3 Others

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Jitendra Pal Singh Chauhan
Counsel for Opposite Party(s)	:	G.A.
Court No.- 80

HON'BLE NAND PRABHA SHUKLA, J.

Vakalatnama filed by Sri Shishir Prakash as well as Shad Khan, learned Advocates on behalf of Applicant No. 4 today in Court, is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been filed by the applicants to allow this application by quashing the further proceedings of Complaint Case No.3048 of 2024 (Dhruv Sharma Vs. Smt. Amritanshu Gupta & others), under Sections 323, 380, 504, 506, 406, 452, 120-B I.P.C., Police Station-Beta II, NOIDA, District-Gautam Buddha Nagar and also quash the impugned summoning order dated 6.8.2025 passed by the learned A.C.J.M.-I, Gautam Buddha Nagar.

It has been submitted by learned counsel for the applicants that the order impugned has been passed without giving an opportunity of hearing to the applicants as provided under Section 223 of BNSS.

Learned counsel for the applicants has relied upon the observations made by Hon'ble Apex Court in Kushal Kumar Agarwal vs. Directorate of Enforcement, Criminal Appeal No. 2749 of 2025, arising out of S.L.P. (Criminal) No. 2766 of 2025 dated 09.05.2025 wherein it has been observed that the proviso to sub-section (1) of Section 223 puts an embargo on the power of the Court to take cognizance by providing that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard.

Learned AGA for the State could not dispute the aforesaid facts.

Considering the fact that the complaint stood lodged on 28.6.2024 and the summoning order has been passed on 06.08.2025 and the fact that Section

NA528 No. 39239 of 2025

2

223 BNSS was already enforced, therefore, opportunity of hearing ought to have been accorded to the applicants before taking cognizance.

Hence in light of the observations made by Hon'ble Apex Court and the submissions made, the impugned summoning order dated 06.08.2025, passed by the learned Additional Chief Judicial Magistrate-I, Gautam Buddha Nagar is hereby set aside and the matter is remitted back to the Court concerned to reconsider the matter and pass fresh order strictly in accordance with law expeditiously, preferably within a period of six weeks from the date of the order after giving opportunity of hearing to both the parties, if there is no other legal impediment.

With the aforesaid direction, the application is disposed of.

October 9, 2025 Puspendra

(Nand Prabha Shukla,J.)

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad