Neutral Citation No. - 2025:AHC:30262 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3851 of 2025 Applicant :- Chandra Prakash Alias Atul Pathak Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- U.C. Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri U.C. Chaturvedi, learned counsel for the applicant and Sri Sudhir Kumar Chandraul, learned AGA for the State- opposite party nos. 1, 2 and 3. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Case No. 263 of 2024, Computerized Case No. T202416530 (State Vs. Chandra Prakash @ Atul Pathak), under Sections 110 (G) Cr.P.C., Police Station- Padari, District Mirzapur, pending before the court of learned Sub- District Magistrate, Sadar, Mirzapur. 3. Learned counsel for the applicant submits that an order under Section 110/111 of the Cr.P.C. has been issued on 29.05.2024 requiring the applicant to execute a bond of an amount of Rs. 2,00,000/- or to appear in the Court on 27.06.2024 to submit his explanation. Learned counsel for the applicant further submits that he has already submitted an explanation on 05.10.2024 (Annexure- 4 at page 31), reference has been made in para-9. According to him, though it is an order but it has been termed to be a notice, however, applicant is tendered his reply. He submits that there are three cases which were made basis for invocation of the said proceedings being Case No. 282 of 2023, under Sections 452, 323, 504 and 506 IPC in which charge-sheet has been submitted on 29.10.2023 and NCR No. 18 of 2024, under Sections 323, 504 IPC in which the applicant has been exonerated and so far as the beat information no. 38 is concerned, the same is already there. He submits that none of the ingredients under Section 110(G) Cr.P.C. comes into play in the said case and the applicant cannot be said to be desperate and dangerous so as to invoke the said provisions. Learned counsel for the applicant has also relied upon the judgment in the case of Jitendra Dixit v. State of U.P. and others; Application U/S 482/378/407 No. 2927 of 2020. 4. Learned AGA on the other hand submits that his explanation this way or that way is to be decided. 5. To such a submission, learned counsel for the applicant has no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the application is being disposed of requiring the Sub-District Magistarte, Sadar, Mirzapur to decide the objections preferred by the applicant, post passing of the order/ notice under Section 110/111 Cr.P.C. within a period of one month from the date of the production of the certified copy of the order. 7. It is expected that any further action shall be abide by the orders to be passed in. Order Date :- 3.3.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad