Shyam Sonkar @ Shyam Baba and Another v. State of U.P. Thru. the Prin. Secy. Deptt. Home Lko. and 4 Others
Case brief
What is this about?
Section 528 BNSS application rejected as premature where challani report only forwarded to ACP Qaiserbagh, Lucknow and no Sections 126/135 BNSS preventive order yet passed; challenge to summoning order dated 02/03/2026, Case No.132 of 2026, P.S. Aminabad, Lucknow by Additional Police Commissioner/Executive Magistrate Qaiserbagh; prematurity doctrine vis-a-vis pending magisterial decision; applicants Shyam Sonkar @ Shyam Baba; State of U.P.; decided 14 May 2026, Brij Raj Singh, J.; counsel Jay Narayan Mishra, Amit Pandey, Sandeep Rawat, Subhash; AGA-I Rao Narendra Singh.
What did the court decide?
The application is premature: learned counsel for the applicants could not satisfy that it was not premature; only a notice had gone to the A.C.P., who will take a decision, and prior to that decision the application challenging the prospective Sections 126/135 BNSS proceeding is premature.