HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2873 of 2026 Court No. - 86 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionists as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with a prayer to allow the present revision and quash the impugned judgment and order dated 16.03.2026 passed by Chief Judicial Magistrate, Court No. 17, District Deoria under section 107 (4) B.N.S.S. in Misc. Case No. 309 of 2026 (State Vs. Tej Narayan Singh and Others) arising out of Case Crime No. 18 of 2025 under Sections 318(4), 319(2), 340(2) B.N.S. and under Section 3, 6 of The Indian Wireless Telegraphy Act, 1933 and under Section 42(1), 42 (3) (C)(E)(F) Telecommunication Act, 2023 and 66(C), 66(D) I.T. (Amended) Act, Police Station Cyber Crime, District Deoria. This criminal revision has been filed against the order passed by the learned C.J.M. Deoria on 16.03.2026 under Section 107(2) B.N.S.S. by which the immovable property has been directed to be attached while exercising the powers under Section 107(4) B.N.S.S. This order has been passed ex-parte without giving the opportunity of hearing to the revisionist. He further submits that at the time, notice to show cause was issued to the revisionist he was in jail and was released on bail on 23.02.2026. No personal notice was served on him but this order was passed on the basis of report from police station that notice was served on 05.02.2026 whereas he was in jail on that day. In this way, the order passed by the learned trial court dated 16.03.2026 cannot be said to be lawful but is illegal and requests to set it aside and allow the revision and also requests to direct the learned court concerned to decide the application under Section 107(2) B.N.S.S. after giving an opportunity of hearing to him. Learned A.G.A. who represents the opposite party no. 2, the Station House Officer opposed the prayer as aforesaid but could not dispute the fact that the Versus Counsel for Revisionist(s) : Kedar Nath Mishra, Rohit Kumar Mishra Counsel for Opposite Party(s) : G.A. Tej Narayan Singh And 2 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) revisionist was in jail and was released on bail on 23.02.2026 and notice could not be served on him personally on 05.02.2026. On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionists as well as learned A.G.A. and perusal of record, it appears that the application under Section 107 B.N.S.S. moved by the I.O. was registered as Miscellaneous Case No. 309 of 2026 on 29.01.2026 and notice was directed to be issued against the revisionist for 12.02.2026. On 05.02.2026 the notice was said to be served personally on revisionist Tej Narayan Singh. The revisionist was in jail and was granted bail on 23.02.2026 by the learned court of Sessions in Bail Application No. 121 of 2026. The order in question was passed on 16.03.2026 on the basis of police report that notice was served personally on the revisionist on 05.02.2026 whereas he was in jail at that time, therefore, notice could not be served to the accused/revisionist on 05.02.2026. On 16.03.2026, in absence of revisionist the order in question was passed by learned C.J.M. while exercising the powers under Section 107 (2) B.N.S.S. by which the immovable property of the revisionist has been directed to be attached. In view of the aforesaid facts of the case, the order dated 16.03.2026 passed ex-parte by the learned Magistrate that cannot be said to be lawful but it being illegal is liable to be set aside. Accordingly, this criminal revision is allowed and the order passed by the learned trial court dated 16.03.2026 being illegal is hereby set aside. The learned court concerned is directed to pass the order afresh on an application under Section 107 B.N.S.S. after giving an opportunity of hearing to the revisionist in accordance with law. May 5, 2026 Suraj Srivastav CRLR No. 2873 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad