Anand Kumar Singh v. State Of U.P. And

5. Learned AGA has vehemently opposed the submissions as advanced by learned counsel for the applicant and contended that the notice under Section 130 BNSS has rightly been issued against the present applicant, and no interference is warranted in the instant matter.

6. Having considered the rival submissions advanced by the learned counsel for the applicant as well as the learned AGA and perusal of record, it evince that the notice under Section 130 of BNSS has been issued in a printed proforma. However, previously a notice under Section 111 of Cr.P.C., which was issued against the present applicant, has already been quashed by a coordinate Bench of this court vide order dated 1.7.2024 passed in Application under Section 482 No.20712 of 2024 (Anand Kumar Singh Vs. State Of U.P. And 2 Others) on the ground that it has been issued without application of mind. The notice impugned dated 16.12.2024 has been issued intending to observe the peace and tranquility in the society under the provisions of law as enunciated under Section 126 BNSS. For ready reference provisions under Section 126 BNSS is quoted hereinbelow : "126. Security for keeping peace in other cases. (1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. (2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction."

7. Bare perusal of the Section 126 of BNSS denotes that in case any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, he may be called upon to show cause as to why he should not be ordered to execute a bond or bail bond for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit who has received information in this regard.

8. A conjoint reading of Section 126 and 130 of BNSS denotes that there should be some information before the Executive Magistrate concerned regarding the conduct of a person who is likely to commit breach of the peace or disturb the public tranquillity, thus, in this backdrop, Executive Magistrate concerned shall issue a show cause notice against such person. He shall make an order in writing, setting forth the substance of the information received, the amount of bond to be executed, the term for which it is to be in force and number of sureties, after considering the sufficiency and fitness of sureties. However, as per case of the present applicant, there is no such police report against the present applicant to demonstrate that because of his conduct there is an apprehension of breach of the peace or disturb the public tranquillity. It is submitted that showing a land dispute, which basically belongs the present applicant, a false and malicious prosecution has been tried to be initiated against the present applicant under pressure of some politically influential persons.

9. It is a matter of grave concern that the notice under Section 130 BNSS has been issued against the present applicant without furnishing the copy of police report and other relevant documents which prima faice precludes the present applicant from filing befitting objections/reply against such notice, whereby he has been summoned under Section 126 of BNSS. Be that as it may, moreover, the present applicant has still an opportunity to file a detailed objection/reply to notice under Section 130 of BNSS, provided he may be accorded all the relevant documents which has been placed before the learned Executive Magistrate concerned for his personal satisfaction that the conduct of the present applicant is likely to commit breach of the peace or disturb the public tranquillity.

10. In this conspectus, as above, no useful purpose would be served to keep the instant application pending, therefore instant application is finally disposed of with the specific direction that the learned Executive Magistrate concerned shall supply all the relevant documents and the police report to the present applicant within a period of 15 days from the date of production of a certified copy of this order, on which basis the Magistrate concerned has reached to the conclusion that the present applicant is likely to commit breach of the peace or disturb the public tranquillity.

11. After receiving the said documents, the present applicant shall file a detailed objection/reply alongwith supporting documents, if any, within a period of one month before the Executive Magistrate concerned to put his defense in reply to the notice impugned dated 16.12.2024 under Section 130 of BNSS. After receiving the reply/objection, as mentioned above, that the Executive Magistrate concerned shall take appropriate decision within a period of one month thereafter, in accordance with law, after giving proper and effective opportunity of hearing to the parties concerned without being influenced with observation if any in the order of the date.

12. For a period of three months or till the decisions of the said objection/reply, as mentioned above, which ever is earlier, no coercive action shall be taken against the present applicant.

13. With the aforesaid observation/direction, instant application is finally disposed of. Order Date :- 22.1.2025/vkg

5. Learned AGA has vehemently opposed the submissions as advanced by learned counsel for the applicant and contended that the notice under Section 130 BNSS has rightly been issued against the present applicant, and no interference is warranted in the instant matter.

6. Having considered the rival submissions advanced by the learned counsel for the applicant as well as the learned AGA and perusal of record, it evince that the notice under Section 130 of BNSS has been issued in a printed proforma. However, previously a notice under Section 111 of Cr.P.C., which was issued against the present applicant, has already been quashed by a coordinate Bench of this court vide order dated 1.7.2024 passed in Application under Section 482 No.20712 of 2024 (Anand Kumar Singh Vs. State Of U.P. And 2 Others) on the ground that it has been issued without application of mind. The notice impugned dated 16.12.2024 has been issued intending to observe the peace and tranquility in the society under the provisions of law as enunciated under Section 126 BNSS. For ready reference provisions under Section 126 BNSS is quoted hereinbelow : "126. Security for keeping peace in other cases. (1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. (2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction."

7. Bare perusal of the Section 126 of BNSS denotes that in case any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, he may be called upon to show cause as to why he should not be ordered to execute a bond or bail bond for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit who has received information in this regard.

8. A conjoint reading of Section 126 and 130 of BNSS denotes that there should be some information before the Executive Magistrate concerned regarding the conduct of a person who is likely to commit breach of the peace or disturb the public tranquillity, thus, in this backdrop, Executive Magistrate concerned shall issue a show cause notice against such person. He shall make an order in writing, setting forth the substance of the information received, the amount of bond to be executed, the term for which it is to be in force and number of sureties, after considering the sufficiency and fitness of sureties. However, as per case of the present applicant, there is no such police report against the present applicant to demonstrate that because of his conduct there is an apprehension of breach of the peace or disturb the public tranquillity. It is submitted that showing a land dispute, which basically belongs the present applicant, a false and malicious prosecution has been tried to be initiated against the present applicant under pressure of some politically influential persons.

9. It is a matter of grave concern that the notice under Section 130 BNSS has been issued against the present applicant without furnishing the copy of police report and other relevant documents which prima faice precludes the present applicant from filing befitting objections/reply against such notice, whereby he has been summoned under Section 126 of BNSS. Be that as it may, moreover, the present applicant has still an opportunity to file a detailed objection/reply to notice under Section 130 of BNSS, provided he may be accorded all the relevant documents which has been placed before the learned Executive Magistrate concerned for his personal satisfaction that the conduct of the present applicant is likely to commit breach of the peace or disturb the public tranquillity.

10. In this conspectus, as above, no useful purpose would be served to keep the instant application pending, therefore instant application is finally disposed of with the specific direction that the learned Executive Magistrate concerned shall supply all the relevant documents and the police report to the present applicant within a period of 15 days from the date of production of a certified copy of this order, on which basis the Magistrate concerned has reached to the conclusion that the present applicant is likely to commit breach of the peace or disturb the public tranquillity.

11. After receiving the said documents, the present applicant shall file a detailed objection/reply alongwith supporting documents, if any, within a period of one month before the Executive Magistrate concerned to put his defense in reply to the notice impugned dated 16.12.2024 under Section 130 of BNSS. After receiving the reply/objection, as mentioned above, that the Executive Magistrate concerned shall take appropriate decision within a period of one month thereafter, in accordance with law, after giving proper and effective opportunity of hearing to the parties concerned without being influenced with observation if any in the order of the date.

12. For a period of three months or till the decisions of the said objection/reply, as mentioned above, which ever is earlier, no coercive action shall be taken against the present applicant.

13. With the aforesaid observation/direction, instant application is finally disposed of. Order Date :- 22.1.2025/vkg