Allahabad: In a detailed order delivered on Wednesday, the Allahabad High Court set aside a summoning order issued against four Shahjahanpur residents, holding that the Magistrate failed to follow mandatory procedures under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The hearing, which stretched through the morning, saw the bench repeatedly stress the importance of “procedure before punishment,” especially in non-cognizable offences.
Background
The case began with a neighbourhood quarrel in Tilhar, Shahjahanpur. According to the non-cognizable police report, dirty wastewater from Prempal’s newly constructed toilet allegedly flowed into neighbour Ramnath’s drain. Voices rose, tempers flared, and the complainant claimed he and his family were abused and beaten with sticks.
Read also: Supreme Court Rejects Bail Cancellation and Modification Pleas in Anisur Rahaman Murder Trial,
Police investigated after securing a Magistrate’s permission and filed a charge sheet under Sections 115(2) (voluntarily causing hurt) and 352 (intentional insult provoking breach of peace) of the Bharatiya Nyaya Sanhita-both non-cognizable offences. The Judicial Magistrate then took cognizance and summoned the accused.
The applicants, however, argued that the case was exaggerated, politically coloured, and procedurally flawed.
Court’s Observations
Justice Praveen Kumar Giri went straight to the procedural core. The police report disclosed only non-cognizable offences, yet the Magistrate treated it as a state case instead of a complaint-something the BNSS expressly prohibits.
Read also: Kerala High Court refuses pre-arrest bail to Kollam cashew trader in ₹25.5-crore money-laundering
“The bench observed, ‘When a police report reveals only a non-cognizable offence, the law mandates treating it as a complaint. Ignoring this defeats the fairness guaranteed under Article 21.’”
The Court also pointed out that the Magistrate failed to provide the accused a hearing opportunity before issuing summons and did not follow statutory requirements regarding signature, designation and judicial ID on the order-something the High Court has previously directed trial courts to comply with.
In the packed courtroom, one could sense discomfort on the State’s side when the judge remarked, “Summoning a citizen is a serious act, not a clerical formality.”
Read also: J&K High Court Rejects Petition Seeking Skilled-Wages Classification, Says Computer Knowledge
Decision
Holding the summoning order legally unsustainable, the High Court quashed it and remanded the matter to the Judicial Magistrate to reconsider the police report strictly in accordance with BNSS-this time treating it as a complaint and providing due procedural safeguards.
With that, the application was disposed of.
Case Title: Prempal & 3 Others vs. State of Uttar Pradesh & Another
Case Number: Application U/S 528 BNSS No. 1624 of 2025
Case Type: Criminal Miscellaneous Application (under Section 528 BNSS)
Decision Date: 26 November 2025
