Court No. - 6 Case :- CRIMINAL REVISION No. - 1857 of 2010 Petitioner :- Vipin Kumar And Another Respondent :- State Of U.P. Petitioner Counsel :- K.D. Tiwari Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the revisionists, and learned A.G.A. for the State.
The present criminal revision has been filed against the order dated 12.4.2010
passed by Sub Divisional Magistrate, Chandausi, District Moradabad, in case
no. 1784/2010, under section 107/116 Cr.P.C. issued notice under section 111
Cr.P.C. P.S. Behjoi District Moradabad.
Learned counsel for the revisionist submitted that notice under section 111,
Cr.P.C. has been issued without considering the mandatory provision and
without giving a substance of general nature of material allegation, only on a
printed proforma. The notice has been issued without application of mind.
Counsel for the revisionist has relied upon the judgement reported in 1993
(30) ACC page 146, Siva Nand Tyagi Vs. State of U.P., in which High Court
had quashed the proceedings on account of the reason that initiation of
proceedings under section 111, 151, 107, 116, 114, Cr.P.C. on the basis that
the notice was issued in a printed proforma and there was complete absence of
application of mind by the Magistrate concerned.
Apart from the aforesaid facts, there are series of decisions in which it has
been held by the High Court that provisions contained under section 111 of
the Code are mandatory and the non-compliance thereof vitiates the entire
proceedings. The learned Magistrate is not accepted to depart from the
procedure to any substantial extent because the liberty of the persons is
involved and the liberty can only be curtailed according to legal procedure
and not according to the whims of the learned Magistrate concerned. The
Magistrate while issuing the impugned notice against the revisionist has not
followed the mandatory provisions and substance of general nature has also
been entered upon and has been issued on a printed format, hence there was
non-application of mind.
Accordingly, the impugned notice issued under section 111 Cr.P.C. P.S.
Behjoi, District Moradabad and the impugned order dated 12.4.2010 passed
by Sub Divisional Magistrate, Chandausi, District Moradabad, are hereby
quashed.
However, it will be open to the learned Magistrate concerned, to issue a fresh
notice if found necessary in view of the facts and circumstances in accordance
with law.
Order Date :- 15.6.2010
AKG/-