HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1461 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and the learned Additional Government Advocate. 2. This application under Section 528, B.N.S.S. has been filed with the following prayer:- “A- Issue a order or direction in the nature of quashing the Impugned Notice dated 9-11-2024 issued by the opposite party no.-02 Under Section- 130/131 B.N.S.S against the applicant in light of judgment dated Application Under Section-528 BNSS No-19 of 2024 (Praveen Tiwari Alias Munna and another Vs. State of U.P and others) order dated 3-9-2024 and the consequential orders passed by the Sub-Divisional Magistrate tehsil Sadar Sultanpur contained as Annexure no.-I to this Petition in the interest of justice. B- Issue any other writ order or direction which this Hon'ble court may deem just and proper in the circumstance of the case is also passed in favour of the petitioner. Versus Counsel for Applicant(s) : Sanjeev Kumar Shukla Counsel for Opposite Party(s) : G.A. Sahil Husain .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s) C- Allow the petition with cost in favour of the petitioner.” 3. Learned counsel for the applicant has submitted that there is a property dispute between the applicant and Kunwar Masood Ali, resident of Estate Hasanpur, Sultanpur. On the basis of concocted facts, FIR No. 100 of 2024 under Sections 447, 504, 506, 427, and 34 IPC, P.S. Bandhuwaklan, District Sultanpur, was lodged on the written complaint of Kunwar Masood Ali on 06/07/2024. Thereafter, on 05/11/2024, the Station House Officer of the aforesaid police station forwarded a report to the Circle Officer with a request that proceedings under Section 129 BNSS be initiated against the applicant on the basis of the aforesaid FIR as well as beat information, which is entered into GD number 52, dated 04/11/2024. On the same day, a report dated 05/11/2024 was forwarded to the Sub-Divisional Magistrate by SHO Shree Vijay Singh, police station Bandhuwa Kala, Sultanpur, with the averment that the applicant is a habitual criminal and, due to his fear, no one dares to lodge an FIR and he is roaming with antisocial elements. Therefore, preventive action under Section 129 BNSS should be initiated against him. Subsequently, the Sub- Divisional Magistrate, Sultanpur issued a notice under Section 130/131 BNSS 2023 on 09/11/2024 on a printed proforma and directed that the applicant shall furnish a personal bond of Rs. 1 lakh and two sureties of equal amount. It is also submitted that the applicant was unaware of the aforesaid notice. 4. An specific question was asked from the learned counsel for the applicant as to when the applicant received the notice dated 09/11/2024, but he was unable to state the date of receiving of the impugned notice dated 09/11/2024. 5. The Learned Additional Government Advocate opposed the prayer of the applicant and submitted that the impugned notice was issued on 09/11/2024 and is being challenged after about 1 year, and the date of receiving of notice is also not mentioned NA528 No. 1461 of 2025 2 in the application, therefore, the application is liable to be dismissed. 6. Considering the submissions of learned counsel for the parties and going through contents of the application as well as relevant material available on record, as the impugned notice dated 09/11/2024 and the date of receiving of notice is not mentioned in the entire application, therefore, the application is misconceived and is hereby dismissed. October 28, 2025 A.Nigam NA528 No. 1461 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench