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2025 DAILYLAW 63722 (ALL)

OMKAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/19882/2025 · 2025-07-27

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123753 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 19882 of 2025 Applicant :- Omkar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Rakesh Kumar, learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned notice dated 17.04.2025 passed by Pargana Magistrate/ Sub District Magistrate Sadar, District- Badaun as well as the entire proceedings of Case No. 1535 of 2025 (State of U.P. vs. Omkar and others), under Sections 126/135 B.N.S.S., P.S. Kunwarganv, District- Badaun, pending before Pargana Magistrate/ Sub District Magistrate Sadar, District- Badaun. 3. Learned counsel for the applicants submitted that the impugned shown cause notice dated 17.04.2025 issued by opposite party no. 2 is arbitrary and illegal. Allegations alleged in the impugned notice are not supported by any cogent evidence. Mandatory provisions provided under Section 126/135 B.N.S.S. have not been followed while issuing the impugned notice dated 17.04.2025. 4. In view of the aforesaid facts and circumstances of the case and keeping in view the substance of allegation made against the applicants which has not shown in show cause notice, is vague and bogus, therefore, the same is hereby quashed. It shall be open to the authority concerned to issue fresh notice to the applicants, if necessary. 5. With the aforesaid direction, the present 482 application is disposed off. Order Date :- 28.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad