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2026 DAILYLAW 3289 (ALL)

VARSHA TIWARI v. STATE OF U.P. AND 2 OTHERS

NA528/17165/2026 · 2026-05-04

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 17165 of 2026 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for State. 2. Present application under Section 528 BNSS has been preferred with prayer to quash Notice dated 03.11.2025 issued by Executive Magistrate/Assistant Police Commissioner, Police Line-I, Varanasi, under Section 130 BNSS as well as entire proceeding of Case no. 1140 of 2025 (State vs. Varsha Tiwari), under Section 126/135 BNSS, PS- Bhelpur, District Varanasi. 3. A plain reading of the impugned notice issued by the Executive Magistrate/Assistant Police Commissioner, Police Line-I, Varanasi, under Sections 130 BNSS, which is under challenge in the present application, makes it clear that the applicant was merely called upon to show cause as to why they should not be directed to execute a bond with sureties for maintaining peace for a period of one year. In other words, the impugned notice only seeks a response from the applicant and does not impose any further consequence at this stage. A simple notice does not create any cause of action because it is not a final or adverse order affecting anyone's rights, unless it has been issued without proper authority. A notice by itself does not harm or violate any person's rights, a person can claim grievance only when a final order is passed that imposes punishment or otherwise affects him/her negatively. However, applicant is free to reply to the notice, and if any prejudice is caused after the authority considers the reply and passes an order, the applicant can raise her grievance in accordance with law. Versus Counsel for Applicant(s) : Arvind Kumar Verma, Raj Raghuvanshi Counsel for Opposite Party(s) : G.A. Varsha Tiwari .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 4. In view thereof, the instant application is disposed of. May 5, 2026 Shaswat NA528 No. 17165 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad