Neutral Citation No. - 2025:AHC:138121 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 38950 of 2024 Applicant :- Ajay Kumar Shukla And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amarnath Tripathi,Vikas Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present 528 BNSS application has been filed to quash the notice/order dated 07.10.2024 as well as entire proceeding of Case No.579 of 2024 (State vs. Ajay Kumar Shukla and others), under Section 126/135 B.N.S.S., 2023, Police Station- Rajatalab, Commissionerate Varanasi District- Varanasi, pending in the court Executive Magistrate/Assistant Commissioner of Police, Rajatalab, Commissionerate Varanasi. 3. Learned counsel for the applicants submits that instant proceeding initiated on the basis of ex-parte chalani report by the police, is illegal and arbitrary. On the basis of chalani report under section 126/135 B.N.S.S. proceeding has been initiated and same is pending in the court of Executive Magistrate/Assistant Commissioner of Police, Rajatalab, Commissionerate Varanasi. Police has submitted report without following the procedure prescribed under section 130 B.N.S.S. Impugned notice does not contain the substance of allegation which has been made against the applicants. The authority concerned without application of judicial mind issued show cause notice. 4. In view of the aforesaid facts and circumstances of the case and keeping in view the substance of allegation made against the applicants which has not shown in the show-cause notice is vague and bogus, therefore, the same is hereby quashed. 5. It shall be open to authority concerned to issue fresh notice to the applicants, if necessary. 6. With the aforesaid direction, this Application u/s 528 B.N.S.S. is, accordingly, disposed of. Order Date :- 13.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad