Court No. - 49 Case :- APPLICATION U/S 482 No. - 24972 of 2010 Petitioner :- Anil Yadav Respondent :- State Of U.P. Petitioner Counsel :- Awdhesh Kumar Yadav Respondent Counsel :- Govt.Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A.
This application has been filed with a prayer to quash the order dated 9.3.2010
passed by the Sub-Divisional Magistrate, Nautanwa, Maharajganj in Criminal
Case No. 70 of 2010; State Versus Anil Yadav whereby the notice under
Section 110/111 Cr. P. C. has been issued to the applicant.
From the perusal of the record, it appears that the impugned notice has been
issued on a printed format by filling up the blanks but the general nature of
material allegation has not been made therein. In such circumstances, it was
not possible for the applicant to give the proper reply. The impugned notice
has been issued without applying judicial mind. The impugned notice is
illegal and is hereby set aside.
However, it shall be open to the learned Magistrate concerned to issue fresh
notice in accordance with law.
With this observation, this application is finally disposed of.
Order Date :- 4.8.2010
HR
