Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29267 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section - 528 B.N.S.S. has been filed with the following prayer :-
" It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to impugned notice / order dated 03.04.2025 issued against the applicant in case no. 462 of 2025 (under section 126, 135 of Bhartiya Nagarik Surakhsa Sahita, 2023 issued by Executive Magistrate-III, Noida, District Gautam Buddha Nagar be quashed."
3. It is submitted by learned counsel for the applicant that the impugned show cause notice dated 03.04.2025, under Section - 126 / 130 BNSS has been issued in a routine manner. In the impugned notice under Section - 130 BNSS, annexed as Annexure No.1, merely it has been mentioned that applicant has to appear before the Executive Magistrate-III, Noida, Gautam Buddh Nagar to show cause why he must not be ordered to execute a personal bond in sum of Rs. 50,000/- and two sureties and like amount to maintain peace and tranquility. In the impugned notice, merely general and vague allegation has been made against applicant. It was submitted that impugned notice is not in accordance with law and thus, liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that there is Versus Counsel for Applicant(s) : Rakesh Kumar, Vijai Kumar Tripathi Counsel for Opposite Party(s) : G.A. Nepal Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
no illegality or perversity in the impugned notice. 5. It appears from record that the impugned proceedings under Section - 126 / 135 BNSS have been initiated on the basis of police report. In show cause notice dated 03.04.2025, under Section - 126 / 135 BNSS, merely it has been mentioned that applicant has to show cause as to why he must not be ordered to execute a personal bond of Rs. 50,000/- and two sureties of like amount to maintain peace and tranquility for a period of six months. 6.
In view of aforesaid, it is directed that in case applicant submits his objections against show cause notice before the Executive Magistrate-III, Noida, District Gautam Buddha Nagar within a period of two weeks from today, the same shall be considered and decided by the Executive Magistrate-III, Noida, District Gautam Buddha Nagar expeditiously in accordance with law. It is further directed for a period of two weeks from today and in case the objections in pursuance to said notice are submitted within the aforesaid period of two weeks, till disposal of such objections, no coercive action shall be taken against applicant. 7. The application under Section - 528 BNSS is disposed of with aforesaid observations. September 16, 2025 S Rawat NA528 No. 29267 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad