Dated this the 17th day of February, 2026
The petitioner is the counter petitioner in
M.C.No.28/2026 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 the like amount for 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 Moidu vs. State of Kerala
2026:KER:14039
(1982 KHC 139). Therefore, Annexure-A1 order may be
quashed.
