APHC010171682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 8956/2025 Between: Mude Seve Naik ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MEDAPATI SANTOSH REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following Order: Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Home, for the respondents. 2. The learned counsel for the petitioner submits that the petitioner has received a notice dated 18.02.2025 from the Mandal Executive Magistrate, Ananthapur, issued under Sections 130 and 132 of BNSS. It is submitted that the petitioner received the notice much after the date on which he was required to be present. It is submitted that the 2nd respondent made a 2 representation dated 15.02.2025 to the 3rd respondent alleging that the petitioner along with another person are actively participating in political activities in the village and they may likely commit breach of peace or disturb the public tranquility. As such, the 3rd respondent was informed about the political activities of the petitioner and another and sought for bound over of the petitioner under Section 126 of BNSS for a period of one year on executing self surety for a sum of Rs.2,00,000/-. It is submitted that the petitioner is an agriculturist and a notice of this nature on the allegation that the petitioner is participating in political activity cannot be issued. 3. Section 126 of BNSS also cannot be invoked for participating in political activity. It is only when a person is likely to commit breach of peace or disturb the public tranquility or do any wrongful act, which could breach the peace or disturb the public tranquility, the Station House Officer can pass on the information to the Executive Magistrate, if there is sufficient ground against the intended person for whom order of bound over is to be issued. 4. Considering the same, the notices dated 18.02.2025 and 15.02.2025 are hereby set aside and accordingly, the Writ Petition is allowed. There shall be no order as to costs. 5. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________ JUSTICE HARINATH.N BMS