HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36486 of 2025 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Heard Smt. Rinki Gupta, learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under Section 528 of B.N.S.S. has been moved with a prayer to quash notice dated 21.08.2025 issued by the Assistant Police Commissioner/Special Executive Magistrate, Chakeri, District Kanpur Nagar, under Section 126/135 of B.N.S.S. (Mahendra Pal Singh Vs. State of U.P. and Another). 3. Learned counsel submits that the opposite party no.2, Assistant Police Commissioner/Special Executive Magistrate, Chakeri, Kanpur Nagar has issued notice under Section 111 Cr.P.C. on 28.07.2025 directing the applicant to appear on 26.08.2025 to execute a personal bond and two sureties. Further submits that after legislation of Bhartiya Nagrik Suraksha Sanhita, 2023, the notice has been issued under Section 111 Cr.P.C. Further submits that the notice issued is in the fill in the gap form. The issuing authority has not applied its mind before directing the applicant to appear before the authority to execute a bond. There is already a civil suit pending in respect to the property in dispute. Prior to the present notice, a prior notice has also been sent to the applicant accused invoking the provisions of Section 107/111 Cr.P.C., which was challenged by the accused-applicant in Application under Section 482 No.40323 of 2023 (Mahendra Pal Singh And Another Vs. State of U.P. and Another). The coordinate Bench of this Court, vide order dated Versus Counsel for Applicant(s) : Rinki Gupta Counsel for Opposite Party(s) : G.A. Mahedra Pal Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 02.11.2023, has quashed the said notice. Considering the dispute between the parties was of civil in nature. Further submits that the dispute is still continuing between the private parties and the name of the applicant has been recorded in the revenue record. Hence, seeks interference of this Court. 4. Learned A.G.A. appears for the State. 5. The bare perusal of the notice (undated), whereby the accused applicant was made to appear before the opposite party no.2 on 26.08.2025 has been issued in the repealed Cr.P.C. reveals that it is a fill in the gap form, which does not reflect the application of mind. 6. Hence, the present application under Section 528 B.N.S.S. is allowed and the impugned notice dated 21.08.2025 issued by the Assistant Police Commissioner/Special Executive Magistrate, Chakeri, District Kanpur Nagar, under Section 126/135 of B.N.S.S. (Mahendra Pal Singh Vs. State of U.P. and Another) is hereby quashed. September 22, 2025 Mini NA528 No. 36486 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad