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2025 DAILYLAW 134001 (ALL)

PRAVEEN KUMAR PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. LKO. AND 4 OTHERS

NA528/306/2025 · 2025-04-18

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21994 Court No. - 19 Case :- APPLICATION U/S 528 BNSS No. - 306 of 2025 Applicant :- Praveen Kumar Pandey Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Lko. And 4 Others Counsel for Applicant :- Achal Singh Yadav,Anil Kumar Yadav,Nilesh Kumar Rao 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 10.03.2025 whereby the Assistant Police Commissioner/Officiating Magistrate, Gosaiganj, 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 as per notice the dispute is with regard to use of community center in the Society. It is contended that the applicant being a Treasurer of the Society has been authorized to manage community center and therefore there is no threat of public disturbance etc. It is also contended that notice is not elaborate and therefore, the same is defective and thus the entire proceeding initiated by the respondent is malicious and is not sustainable in law. 4. Per contra, learned A.G.A. has contended that the impugned order is only a show cause notice and does not prejudice any of the rights of the applicant at this stage and therefore, it is not a case where this Court may exercise in its extraordinary power under Section 482 Cr.P.C. read with Section 528 BNSS. 5. Be that as it may, the impugned order is only a show cause notice in which it has been stated that because of the dispute with respect to community center, there is possibility of disturbance of public tranquility and accordingly by the said notice,the respondent has asked the applicant as to why he may not be directed to furnish a bond of Rs.50,000/-. 6. The question as to whether the applicant is a Treasurer of the Society or not and the question as to whether the applicant has been authorized to look after the financial expenses of the community center of the society is the question of fact which can not be decided by this Court under Section 482 Cr.P.C. as it is the domain of the authority concerned to decide the said question. 7. 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. 8. It is expected that the authority concerned shall consider the reply of the applicant before passing the final order. Order Date :- 18.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench