Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 84085 (ALL)

NISHA GANGWAR AND 7 OTHERS v. STATE OF U.P. AND 3 OTHERS

NA528/29125/2025 · 2025-09-08

Raj Beer Singh

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29125 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed seeking following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the impugned order / notice dated 18.06.2025, passed by opposite party no. 2 in Case No. T202512560106616) (State Vs. Nisha Gangwar and others), under Section 126 / 135 of B.N.S.S., Police Station Jahanabad, District Pilibhit. And further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of impugned order / notice dated 18.06.2025, passed by opposite party no. 2 in Case No. T202512560106616 (State Vs. Nisha Gangwar and others), under Section 126 / 135 of B.N.S.S., Police Station Jahanabad, District Pilibhit, and / or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case, otherwise the applicants shall suffer irreparable loss and injury." 3. After arguing at some length, learned counsel for the applicants submitted that the prayer as made above is not being pressed and that applicants may be permitted to submit their objections before the learned Sub-Divisional Magistrate concerned and a direction may be made to decide the same expeditiously in accordance with law. 4. In view of aforesaid, it is directed that in case applicants file their objections against impugned show cause notice before the Sub-Divisional Magistrate concerned within a period of two weeks from today, the same shall be considered and decided by the learned Magistrate expeditiously Versus Counsel for Applicant(s) : Ganesh Mani, Raghvendra Pratap Singh Counsel for Opposite Party(s) : G.A. Nisha Gangwar And 7 Others .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) in accordance with law. It is further directed that for a period of two weeks from today and in case such objections as aforesaid, are submitted within the aforesaid period, till disposal of such objections, no coercive action shall be taken against the applicants. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. September 9, 2025 'SP'/- NA528 No. 29125 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad