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SAURABH LAVANIA
Mohit – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
SAURABH LAVANIA, J.
1. Heard Ms. Prathama Singh, learned counsel for the applicants and learned AGA for the State and perused the record.
2. The present application has been filed for the following main reliefs:
It is further prayed that till disposal of instant petition, further proceeding pending before learned Sub Divisional Magistrate Sidhauli District Sitapur be stayed in the interest of justice.”
3. By means of the present application, a notice dated 27.07.2024 issued under Section 130 Bhartiya Nagrik Suraksha Sanhita, 2023 (in short “BNSS”) by Sub Divisional Magistrate, Sidhauli, Sitapur.
4. It is stated that on account of apprehension that the applicants may cause breach of peace, a report dated 15.07.2024 was submitted by the S.H.O. Police Station-Sidhauli, District-Sitapur in the light of provisions indicated under Section 126/135 of BNSS.
5. Learned counsel fo
The court emphasized the necessity for judicial application of mind in issuing notices under preventive sections to protect personal liberty and avoid abuse of process.
Compliance with statutory procedures is mandatory in issuing summons under the BNSS, 2023. Failure to issue a prior written order under Section 130 invalidates subsequent actions, ensuring protection....
Executive Magistrate must pass written order under Section 130 BNSS setting forth substance of information before issuing show cause under Section 126; mechanical notices insufficient and confer no j....
Orders related to preventive action require strict adherence to procedural law, including the disclosure of all relevant particulars; failure to do so renders the orders unsustainable.
The main legal point established in the judgment is the mandatory nature of the procedural requirements under Section 107 and 111 of Cr.P.C., emphasizing the need for a full-fledged judicial enquiry ....
The Magistrate's failure to include substantive information in peace bond orders violates statutory mandates, necessitating procedural compliance to uphold public order.
Court requires substantive information for orders under BNSS to ensure legality and justification.
Mandatory requirements for issuing a show cause notice under BNSS must be strictly adhered to, ensuring the noticee is informed of the substantial grounds.
Breach of peace orders necessitate clear substance in directives as per statutory provisions, lacking which orders can be quashed.
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