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2026 Supreme(Bom) 152

IN THE HIGH COURT OF BOMBAY AT GOA
AMIT S.JAMSANDEKAR
Chandan Patekar, Son of Dharma Patekar – Appellant
Versus
State Of Goa, Through Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Mr. Athnain Naik
For the Respondent: Mr. Pravin Faldessai, APP

JUDGMENT :

AMIT S. JAMSANDEKAR, J.

1. Heard the Learned Counsel appearing for the Petitioners.

2. Rule. The Rule is made returnable forthwith at the request and by consent of the Learned Counsel for the parties. Mr. Bhobe, the Learned Public Prosecutor and Mr. Faldessai, on behalf of the State, waive service.

3. All the above captioned Petitions raise a common issue pertaining to the requirements of exercising powers under Chapter IX of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS) by the Executive Magistrate. In particular, the issues are raised in respect of the powers conferred on the Executive Magistrate under Section 126, read with Section 130 of the BNSS. All the Petitioners have raised a common issue; therefore, the Petitions are heard together.

4. In all the Petitions, the Deputy Collector, SDO and SDM (the Magistrate) of the respective jurisdictions have issued show cause notices under Section 126 of the BNSS. In one matter [Criminal Writ Petition No. 56 of 2026], the notice issued by the Learned Magistrate mentions that it is a notice under Section 130 of the BNSS. In effect, the Learned Magistrate has invoked the power under Section 126 of the BNSS and called upon

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