Court No. - 5 Case :- CRIMINAL REVISION No. - 2211 of 2010 Petitioner :- Raj Mangal Yadav Respondent :- State Of U.P. Petitioner Counsel :- S.S. Rajput Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the revisionst and learned A.G.A. for the State.
The present criminal revision has been filed against the order dated 5.5.2010
passed by the Sub Divisional Magistrate, Maharajganj in Case No.164 of
2008 (State Vs. Raj Mangal Yadav) under section 110 Cr.P.C. whereby the
surety bonds of Rs.50,000/- of the revisionist has been forfeited and warrant
of arrest of quashing issued aginst the revisionist.
It is contended by learned counsel for the revisionist that the notice issued to
the revisionist under Section 110 Cr.P.C., photocopy of which is annexed as
Annexure-3 to the revision and has been issued in a routine manner on a
printed format.
In reply to the above contention, it is submitted by learned A.G.A. That there
is no illegality in issuing the notice.
In view of the facts and circusmtances of the case, it appears that a notice
does not contain the substance of allegations made against the revisionist
which is a vague notice, therefore, the impugned notice and also order
impugned dated 5.5.2010 is hereby set aside.
However, it shall be open to the learned Magistrate concerned to issue fresh
notice, if necessary.
With the aforesaid direction, this revision is finally disposed of.
Order Date :- 15.6.2010
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