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2025 DAILYLAW 89726 (ALL)

PRADEEP KUSHWAHA @ PRADEEP SINGH v. STATE OF U.P. AND ANOTHER

NA528/32404/2025 · 2025-09-03

Vikram D Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32404 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned AGA for the State-respondent. 2. This application has been filed by applicant for quashing the notice dated 4.7.2025 issued by Sub-Divisional Magistrate, Tehsil Kasimabad, District Ghazipur, under Section 129(G) B.N.S.S. as well as its consequential proceedings of Case No.141 of 2025, State Vs. Pradeep Kushwaha, arising out of Case Crime No.45 of 2025, Police Station Baresar, District Ghazipur. 3. Learned counsel for the applicant submits that notice under Section 129(G) of B.N.S.S. has been issued against the applicant. The same is not tenable as the same does not describe the reasons for issuing the aforesaid notice. 4. Learned A.G.A. has objected the submission of learned counsel for the applicant and submits that only notice under Section 129(G) of B.N.S.S. has been challenged. The applicant has a remedy of filing objection against the aforesaid notice before the concerned Magistrate. 5. In view of the aforesaid, the applicant is granted liberty to Versus Counsel for Applicant(s) : Udai Shankar Chauhan Counsel for Opposite Party(s) : G.A. Pradeep Kushwaha @ Pradeep Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) file objection against the aforesaid notice before the Magistrate concerned within a period of 15 days from today. If any such objection is filed within the aforesaid period, the Magistrate concerned would be obliged under law to grant opportunity of hearing to the applicant prior to passing any order. 6. With the aforesaid direction, the application stands disposed of. September 4, 2025 Bhaskar NA528 No. 32404 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad