Gurpreet Singh vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Gurpreet Singh vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None substantive; the application was disposed of after the underlying proceedings of Case No. 567 of 2025 (Section 137 B.N.S.S.) had already been culminated by the Assistant Commissioner of Police / Executive Magistrate's order dated 11.11.2025; no further direction was issued, and the concerned authorities were directed to take utmost care and caution in future.

Issue for consideration

Whether the show cause notice under Section 130 B.N.S.S. dated 21.08.2025, the summoning order dated 19.09.2025, and the proceedings of Case No. 567 of 2025 under Sections 126/135 B.N.S.S., Police Station Mahanagar, Lucknow, should be quashed. +1 more

Court's answer

In view of the submissions/reports/order submitted by the Assistant Commissioner of Police / Executive Magistrate, Mahanagar, Lucknow (including the order dated 11.11.2025 by which proceedings under Section 137 B.N.S.S. in Case No. 567 of 2025 were culminated), the present application is disposed of.

Ratio / Principle

No further direction is needed in the instant case.

Key takeaways

It is directed to the concerned authorities that they shall take utmost care and caution in future.obiter¶¶21

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH), Court No. 34 — Tej Pratap Tiwari, J. — Application U/S 528 BNSS No. 1445 of 2025 (Gurpreet Singh v. State of U.P. thru. Prin. Secy. Home Lko. and 3 Others), filed to quash the show cause notice under Section 130 B.N.S.S. dated 21.08.2025, the summoning order dated 19.09.2025, and all proceedings of Case No. 567 of 2025 (Sections 126/135 B.N.S.S.), Police Station Mahanagar, Lucknow, pending before the Assistant Police Commissioner / Special Executive Magistrate, Mahanagar Commissionerate, Lucknow. Acting on the Court's order dated 04.11.2025, the ACP / Executive Magistrate appeared in person with records and produced his order dated 11.11.2025 (marked 'A' and kept on record), whereby, on the basis of the Sub-Inspector's statement, the instituted case was not found justified and the proceedings under Section 137 B.N.S.S. were culminated; he further informed the Court that altogether 398 cases have been registered under Sections 126 and 137 B.N.S.S. till date, of which 253 are decided and 145 pending. On these submissions the application was DISPOSED OF on November 12, 2025; no further direction was considered necessary; the concerned authorities were directed to take utmost care and caution in future.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1445 of 2025

Gurpreet Singh

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)

Counsel for Applicant(s) : Vaibhav Sharma, Aakash Rai, Anand Kumar Sharma Counsel for Opposite Party(s) : G.A.

Court No. - 34

HON'BLE TEJ PRATAP TIWARI, J.

Heard Sri Vaibhav Sharma, learned counsel for the applicant, learned counsel for the State and perused the records.

The instant application under Section 528 B.N.S.S. has been filed by the applicants with a prayer to quash the impugned show cause notice under Section 130 B.N.S.S issued to the deponent dated 21.08.2025 as well as the impugned summoning order dated 19.09.2025 as well as all the proceedings of Case No. 567 of 2025 (State vs. Gurpreet Singh), under Sections 126/135 B.N.S.S., Police Station Mahanagar, Lucknow, pending in the Court of learned Assistant Police Commissioner / Special Executive Magistrate, Mahanagar Commissionerate, Lucknow.

Vide order dated 04.11.2025, it was directed that the Assistant Commissioner of Police / Executive Magistrate, Mahanagar, Lucknow as well as his reader shall appear in person before this Court along with relevant record of the case in question. It was further directed that the officers shall also inform the Court about the pendency of the cases related to preventive action.

Today, Sri Syed Aarib Ahmad, Assistant Commissioner of Police / Executive Magistrate, Mahanagar, Lucknow, is present in person before the Court with the relevant records of the case in question. Specifically, he has produced the order dated 11.11.2025, passed by the Assistant Commissioner of Police / Executive Magistrate, Mahanagar, Lucknow,

NA528 No. 1445 of 2025

2

whereby, on the basis of the statement of the Sub-Inspector, Police Station Mahanagar, the case instituted was not found to be justified; consequently, the proceedings under Section 137 B.N.S.S. were culminated. The said order passed by the Assistant Commissioner of Police / Executive Magistrate, Mahanagar, Lucknow, is marked as 'A' and kept on record. As to the second query made by this Court vide earlier order dated 04.11.2025, it has been informed that altogether 398 cases have been registered under Sections 126 and 137 B.N.S.S. till date, out of which 253 cases have been decided and 145 cases are still pending

In this report, it has been reiterated that case no. 567 of 2025 against Gurpreet Singh (applicant) under Section 137 B.N.S.S. has already been decided.

On the aforesaid submissions / reports / order submitted by the Assistant Commissioner of Police / Executive Magistrate, Mahanagar, Lucknow, the matter is being disposed of.

In view of the above, the present application is disposed of.

No further direction is needed in the instant case.

In view of the matter, it is directed to the concerned authorities that they shall take utmost care and caution in future.

(Tej Pratap Tiwari,J.)

November 12, 2025 Manoj

Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad, Lucknow Bench