Court No. - 54 Case :- APPLICATION U/S 482 No. - 16175 of 2010 Petitioner :- Abdulla & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- Sushil Kr. Pandey Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned AGA.
This application has been filed with a prayer to quash the
impugned proceeding of case no. 2006 of 2010, State Vs.
Abdulla & others, under Section 107/111 of Cr.P.C., P.S.
Shahpur, District-Muzaffar Nagar whereby the notice under
Section 107/111 Cr.P.C. has been issued.
From the perusal of the record it appears that in the present case
the notice has been issued on printed proforma after filling in the
blanks, even somewhat columns were left blank. The general
nature of material allegation has not been mentioned therein.
When the notice has been issued to Km. Guddi, who is a minor
girl, he is aged about 12 years. The notice has been issued without
applying judicial mind. There is no illegality in the impugned
order.
From the perusal of the impugned order dated 26.3.2010 it
appears that after filling in the blanks on printed proforma even
somewhat blank place has not been filled. The general nature of
the material allegation has not been mentioned therein. The
impugned notice dated 26.3.2000 is hereby set aside.
However, it shall be opened to the authority concerned to issue a
fresh notice in accordance with law.
With this observation, this application is finally disposed of.
Order Date :- 10.5.2010
Ashish Tripathi