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2025 DAILYLAW 78974 (ALL)

SURENDRA KUMAR RAI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

NA528/27607/2025 · 2025-09-25

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27607 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 528 B.N.S.S. application has been filed to quash the notice dated 27.11.2024 under section 130 B.N.S.S., arising out of Chalani report under section 126, 135 B.N.S.S., dated 13.11.2024 as well as entire proceeding of Case No.1039 of 2024, under section 126/135 B.N.S.S., Police Station-Tahbarpur, District Azamgarh, pending in the Court of Deputy District Magistrate, Sadar, Azamgarh. 3. Learned counsel for the applicants submits that notice issued against the applicants under Section 126/135 BNSS is arbitrary and malafide and without following the procedure provided under the Act. No offence under the alleged Section is made out. The applicants are in possession of the disputed land since 46 years and the challani report is not disclosing any report against the applicants. The Investigating Officer has submitted chalani report in cyclostyled proforma. Impugned notice does not contain the substance of allegation which has been made against the applicants. The authority concerned without application of judicial mind issued show cause notice. 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 the show-cause notice is vague and bogus, therefore, the same is hereby quashed. 5. It shall be open to authority concerned to issue fresh notice to the Versus Counsel for Applicant(s) : Ramesh Rai Counsel for Opposite Party(s) : G.A. Surendra Kumar Rai And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) applicant, if necessary. 6. With the aforesaid direction, this Application 528 BNSS is, accordingly, disposed of. September 26, 2025 Meenu Singh NA528 No. 27607 of 2025 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad