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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MUBASHEER T – Appellant
Versus
THE SUB DIVISIONAL MAGISTRATE, KANHANGAD – Respondent
| Table of Content |
|---|
| 1. challenges to preliminary order lacking substance of information. (Para 1 , 2 , 3 , 7) |
| 2. statutory mandate for disclosing information substance in orders. (Para 4 , 5 , 6) |
| 3. precedents invalidate orders without imminent threat or substance. (Para 9) |
ORDER Dated this the 6th day of April, 2026 The petitioner is the counter petitioner in M.C.No.230/2025 on the file of the Court of the Sub Divisional Magistrate, Kanhangad.
2. The petitioner has stated in the Criminal Miscellaneous Case that he has been served with Annexure-A1 preliminary order directing him to show cause why he should not be called upon to execute a bond for Rs.50,000/- with two solvent sureties for Rs. 50,000/-each for the purpose of keeping 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 in Moid
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