Court No. - 5 Case :- APPLICATION U/S 482 No. - 19482 of 2010 Petitioner :- Akhtar Hussain Respondent :- State Of U.P. Petitioner Counsel :- B.R.Sharma Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State
respondent.
The present 482, Cr.P.C. application has been filed for quashing the
proceedings of case no. 88 ‘State Vs. Akhtar Hussain’ under Section 110,
Cr.P.C. pending before S.D.M. Nautanwa District Maharajganj.
It is contended by the 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. It is further
contended that the notice impugned is illegal and is liable to be set aside.
In reply of the above contention, it is submitted by the 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 vague
notice, therefore, it is hereby quashed.
However, it shall be open to the Magistrate concerned to issue fresh notice, if
necessary.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 15.6.2010
Ashish