Court No. - 5 Case :- CRIMINAL MISC. WRIT PETITION No. - 9107 of 2010 Petitioner :- Arun Respondent :- State Of U.P. & Another Petitioner Counsel :- Rajeev Chaddha Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Supplementary affidavit filed by the petitioner today which is taken on record
wherein the notice under sections 110 and 111 Cr.P.C. has been appended.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present writ petition the order dated 4.5.2010 passed by the learned
District Judge, Ghaziabad in Criminal Revision No.115 of 2010 whereby the
revision filed against the notice issued under section 111 Cr.P.C. has been
rejected.
It is contended by learned counsel for the applicant that the impugned notice
is absolutely illegal and does not contain the substance of allegation which
has been made against the petitioner 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.
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 petitioner 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 petition is finally disposed of.
Order Date :- 15.6.2010
P