Neutral Citation No. - 2025:AHC:116243 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23046 of 2025 Applicant :- Bharat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed seeking following prayer:- "It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and be pleased to set aside the impugned notice dated 24-4-2025, issued by the learned Executive Magistrate-IV, Greater Noida Commissionerate Gautam Buddha Nagar, under section 130 of BNSS related to the Case No. 510 of 2025, under Section 126-135 of BNSS on G.D. No. 46 dated 29-4-2025 (State vs. Bharat and others) and also be pleased to set aside the aforesaid entire proceeding by this Hon'ble Court in the interest of justice. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of Case No. 510 of 2025, under section 126-135 of BNSS on G.D.No. 46 dated 24-4-2025 (State Bharat and others), pending before the Executive Magistrate-IV, Greater Noida Commissionerate, Gautam Buddha Nagar. And/or may pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case." 3. It has been submitted by learned counsel for the applicant that applicant has no concern at all with the disputed land and he is not residing in the Village Nilauni Shahpur since last 20 years and the proceedings under Section 126 / 135 BNSS have been initiated against applicant without any basis. In the impugned notice under Section 130 BNSS, annexed as annexure no.1, merely it has been mentioned that there was dispute between the parties on account of farming over the land acquired by Yamuna Authority. It was submitted that impugned notice is quite vague and ambiguous and even the number or any other detail of disputed land has not been mentioned in the impugned notice. Referring to facts of the matter, it was submitted that impugned notice is not in accordance with law and thus, liable to be quashed. Learned counsel has placed reliance upon following case laws:- (i) Ranjeet Kumar and Others Vs. State of U.P. and Others 2002 LawSuit (All) 1721 (ii) Shariq Ali Khan and 2 Others Vs. State of U.P. and 2 Others 2019:AHC:42159 (iii) Smt. Anuradha Bhattacharjee @ Anuradha Bhattacharya Vs. State of U.P. and 2 Others 2021:AHC:64868 (iv) Brij Mohan Vs. State of U.P. 2018:AHC:20017 4. Learned AGA has opposed the application and submitted that there is no illegality or perversity in the impugned notice. 5. I have considered the rival submissions and perused the record. 6. It is well settled that the objective of setting forth in the order the substance of the information received by the Magistrate is to inform the person asked to show cause what allegations he has to answer. If the substance of the information set forth in the notice is vague and ambiguous, the very object of Section 111 Cr.P.C. / 130 BNSS is defeated. In the instant matter, the substance of information mentioned in the impugned notice is wholly vague, ambiguous and incomplete. It simply states that there was dispute between the parties on the issue of farming on the land acquired by Yamuna Authority and due to which there is apprehension of breach of peace. No number or description of the disputed property has been mentioned. Thus, the impugned notice does not fulfill the requirement of Section 130 BNSS and in fact the same is defective and invalid. 7. In view of aforesaid, the impugned notice dated 24.04.2025 qua the applicant is set aside. However, it shall be open to the learned Magistrate to initiate fresh proceedings in accordance with law, if he deems necessary. 8. The application u/s 528 BNSS is allowed in above terms. Order Date :- 17.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad