Court No. - 54 Case :- APPLICATION U/S 482 No. - 33257 of 2009 Petitioner :- Sundar & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Rahul Verma Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. Petition has been filed for quashing the proceedings
of Case No. 998 of 2009, under Section 111 Cr.P.C. pending before S.D.M.
Dadri, District Gautambudh Nagar.
It is contended by learned counsel for the applicant that the impugned notice
does not contain the substance of allegation which has been made against the
applicant and has been issued in a routine manner on a printed format. It is
further contended that the notice impugned is illegal and is liable to be set
aside. Learned counsel for the applicant has placed reliance upon a Judgments
of this Court reported in 2004 (5) ACC 734 Aurangzeb and others Vs. State of
U.P. and another, 2002 (45) ACC 627 Ranjeet Kumar and others Vs. State of
U.P. and others and 2008 (61) ACC 540 Har Charan Vs. State of U.P. And
another in support of his contention.
In reply to the above contention, it is submitted by learned A.G.A. That there
is no illegality in issuing the notice.
From the perusal of the impugned notice, it appears that the substance of
allegations made against the applicant has not been mentioned. It is a vague
notice, therefore it is hereby quashed.
However, it shall be open to the learned Magistrate concerned to issue fresh
notice, if necessary.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 5.1.2010
S.Ali