IN THE HIGH COURT OF BOMBAY AT GOA
CRI.W.P. NO. 50 OF 2026, ALONG WITH CRWP NO. 51,52,53,54 AND 56 OF 2026
(AMIT S. JAMSANDEKAR, J.)
(D.O.D. 07.04.2026)
SHRI. CHANDAN PATEKAR … PETITIONER
VERSUS
STATE OF GOA AND ORS. … RESPONDENTS
Chapter IX of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS), Section 126 r/w Section 130 – The Magistrate to set forth the substance of the information received and his opinion that there is sufficient ground for proceeding in the matter. The order under Section 130 of BNSS is sine qua non for assuming jurisdiction to proceed with the powers conferred under Section 126 of the BNSS. Therefore, the order as contemplated under Section 130 of the BNSS cannot be mechanical.
HELD:-
When the Magistrate acts under Section 126, 127, 128 or 129 of Chapter IX of the BNSS and he deems it necessary to require any person to show cause under these sections, then he ought to pass an order in writing as stipulated under Section 130 of the BNSS. The Learned Magistrate ought to pass an order in writing under Section 130 of the BNSS setting forth the substance of the information received. The notices issued under Section 126 cannot be construed as orders passed under Section 130 of the BNSS.
Judgments precedents:-
Jitendra R. Deshprabhu & Others Vs. Executive Magistrate & Another, (1992) 1 Bom CR 233;
(ii) Rajesh s/o Suryabhan Nayak Vs. State of Maharashtra & Others, (2006) 5 Mah LJ 243
(iii) Tukaram Bharat Parab & Others Vs. State & Others, Criminal Writ Petition No. 4 of 2021 dated 15.02.2021.
FACTS
In all the Petitions, the Deputy Collector, SDO and SDM (the Magistrate) of the respective jurisdictions have issued show cause notices under Section 126 of the BNSS. In one matter [Criminal Writ Petition No. 56 of 2026], the notice issued by the Learned Magistrate mentions that it is a notice under Section 130 of the BNSS. In effect, the Learned Magistrate has invoked the power under Section 126 of the BNSS and called upon the Petitioners to show cause as to why the Petitioners should not be ordered to execute a bond or bail bond, as more particularly mentioned in the respective notices sent to the Petitioners.
The Petitioners are seeking the relief to quash and set aside the notices issued by the Learned Magistrate and, consequently, set aside the proceedings initiated by the Learned Magistrate under Section 126 of the BNSS.
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