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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ASHAR E.K – Appellant
Versus
THE SUB DIVISIONAL MAGISTRATE, KANHANGAD – Respondent
| Table of Content |
|---|
| 1. necessary details in orders (Para 2 , 3) |
| 2. legal framework for orders (Para 5 , 6) |
| 3. final verdict set aside (Para 9) |
ORDER
Dated this the 22nd day of January, 2026 The petitioner is the counter petitioner in M.C.No.225/2025 pending before the Court of the Sub Divisional Magistrate, Kanhangad.
2. The petitioner has been served with Annexure-A1 preliminary order calling upon him to show cause why he should not be ordered to execute a bond for Rs.50,000/- with two solvent sureties for the like amount to keep peace for a period of one year as envisaged under Section 126 read with Section 130 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’, in short).
3. The petitioner contends that Annexure-A1 preliminary order is unsustainable in law because the Sub Divisional Magistrate has not set forth the substance of the information in the said order, which is mandatory under Section 126 read with Section 130 of the BNSS , and the law laid down by this Court inMoidu vs. State of Kerala (1982 KHC 139). Therefore, Annexure-A1 preliminary order may be quashed.
4. Heard; Sri.P.K.Subhash, the learned Counsel for the petitioner and Sri.M.P.Prasanth, the learned Public Pro
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