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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rajnish Kumar, J
Rakesh Kumar Chaturvedi – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. – Respondent
| Table of Content |
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| 1. counsel for the applicant argues against the notice issued. (Para 1 , 3) |
| 2. court discusses the necessity of following statutory procedures. (Para 2 , 5 , 6 , 10 , 11) |
| 3. court emphasizes due process in taking cognizance. (Para 8 , 12) |
| 4. final ruling quashes the impugned order. (Para 13 , 14) |
1. Heard Sri Shantanu Sharma, learned counsel for the applicant and Sri Anurag Verma, learned A.G.A. for the State.
2. The instant application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (here-in-after referred as BNSS ) has been moved with a prayer to quash/set aside the impugned order dated 10.02.2025 passed by learned Additional Chief Judicial Magistrate-II, Lucknow in Misc. Case No.807/2025 alongwith notice i.e. Annexure No.1.
3. Learned counsel for the applicant submits that the notice, which has been issued to the applicant by means of the impugned order dated 10.02.2025, is against the statutory provision made under Section 223 of the BNSS because before taking cognizance, the notices can be issued for affording the opportunity of hearing, but only after recording all the statements of the complainant and the witnesses, if required. He relies on a co-
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