MANISH TIWARI v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND 2 OTHERS
NA528/297/2025 · 2025-04-16
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133657 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133657 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21312 Court No. - 19 Case :- APPLICATION U/S 528 BNSS No. - 297 of 2025 Applicant :- Manish Tiwari Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Nadeem Murtaza,Pallav Shukla,Snigdha Singh Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The applicant by means of the present application under Section 482 Cr.P.C. has assailed the notice dated 19.02.2025 whereby the Assistant Police Commissioner/Officiating Magistrate, Gazipur, Police Commissionarte Lucknow has issued a notice to the applicant to show cause as to why he may not be directed to furnish a bond of Rs.50,000/-.
3. Challenging the said notice, learned counsel for the applicant contends that notice is per se illegal inasmuch as the notice does not contain any essential ingredients. It is contended that the notice is vague and it does not conform the date on which the alleged incident has taken place.
4. Be that as it may, the Court under Section 482 Cr.P.C. read with Section 528 BNSS, 2023 could quash the proceeding where the proceeding is nothing but an abuse of process of law or interest of justice. In the instant case, the notice indicates that the Assistant Police Commissioner has considered the police report and thereafter, applied his mind and sent the notice to the applicant.
5. At this stage, no case for interference in the impugned notice is made out inasmuch as the learned counsel for the applicant has failed to demonstrate that the issuance of notice under Section 126/135 BNSS is an abuse of process of law.
6. In such view of the fact, the application under Section 482 Cr.P.C. lacks merit and is hereby dismissed with no order as to costs. Order Date :- 16.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench