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2025 DAILYLAW 109465 (ALL)

MANIRAM AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

NA528/42844/2024 · 2025-08-11

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136903 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 42844 of 2024 Applicant :- Maniram And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Chandra Prakash Kushwaha 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 chalani report dated 20.09.2024 as well as entire proceeding of Case No.280 of 2024, under Section 126/135 B.N.S.S., 2023, Police Station- Kotwali Nagar, District-Mahoba, pending in the court of Up Zila Magistrate, Mahoba. 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 Up Zila Magistrate, Mahoba. 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 applicant, if necessary. 6. With the aforesaid direction, this Application u/s 528 B.N.S.S. is, accordingly, disposed of. Order Date :- 12.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad