Neutral Citation No. - 2025:AHC:84187 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 6513 of 2025 Applicant :- Vikas And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Bhaskar Bhadra, learned counsel for the applicants and learned AGA for the State. This application has been filed with a prayer to quash the proceedings of Case No.410 of 2024, U/s 126/135 of BNSS (State vs. Vikas and another), pending in the Court of City Magistrate, Bareilly and reduce the amount of surety asked by the opposite party no.2 as well as impugned order dated 18.11.2024 in the aforesaid case; and further be pleased to stay the proceedings of the aforesaid case. Brief facts of the case are that the applicant no.2 moved an application before the Senior Superintendent of Police, Bareilly on 06.11.2024 stating that the brother-in-law (devar) of opposite party no.2, namely, Rajesh S/o Roshan Lal is trying to forcibly take possession of the house in question. She was also filed an application before the court of Civil Judge (S.D.), Bareilly for restraining her Devar from illegal occupying the house in question. On the aforesaid application, a notice U/s 130 BNSS dated 18.11.2024 has been issued inviting objection from the parties. Challenging the aforesaid, the present application has been filed. At the very outset, learned AGA submits that the present application is not maintainable as it is against notice, therefore, earlier on 09.05.2025, the court required the AGA to seek instructions. Today, on the basis of instructions, learned AGA submits that the objections have already been filed by the parties before the court concerned, therefore, the application is not maintainable. Even otherwise, in view of Section 130 BNSS, it is merely a show cause notice to the parties, wherein an order has been made in writing by the concerned Magistrate for the purpose of maintaining peace in the present facts of the case. As the objections have already been filed by the parties, therefore, the present application is premature. Accordingly, it is dismissed as not maintainable. Order Date :- 20.5.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad