Court No. - 49
Case :- APPLICATION U/S 482 No. - 19902 of 2018 Applicant :- Anil And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Uma Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State as also perused the record.
The present 482 Cr.P.C. application has been filed to quash the order dated 26.02.2018 passed by the City Magistrate, Gautam Budh Nagar in Case No. 1039 of 2018, under Section 111 Cr.P.C., Police Station- Sector-49, NOIDA, District- Gautam Budh Nagar on the Chalani Report of police under Section 107/116 Cr.P.C.
Short argument raised by learned counsel for the applicants is that though the police had submitted report under sections 107 and 116 Cr.P.C, the City Magistrate did not make minimal application of mind and has only put his rubber stamp containing the endorsement as to his satisfaction on the police report and signed the same. It is thus submitted that the mandatory requirement of section 111 of Cr.P.C. that the Magistrate must make an order in writing setting forth the facts and circumstance of the information received etc. has been given a complete go by.
Perusal of the certified copy of the order/rubber stamp endorsement made by the Magistrate clearly establishes the correctness of the assertion made by the learned counsel for the applicants.
In view of the above, learned AGA could not also dispute the correctness of the submissions made by the learned counsel for the applicants. No useful purpose would be served in keeping the present criminal revision pending.
The order/rubber stamp endorsement dated 26.03.2018 affixed by the City Magistrate, Bulandshahar is hereby set aside and the matter is remitted to the Magistrate to pass a fresh order strictly in accordance with law.
It is further clarified that the said City Magistrate may exercise due caution in future in exercising his statutory duties as the orders that such Magistrates pass affect the civil and fundamental rights of citizens.
With the above observations, this revision stands disposed of. Order Date :- 31.5.2018 Lbm/-