Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7598 of 2018
Petitioner :- Daniel Albert And Another
Respondent :- State Of U.P. And 05 Others
Counsel for Petitioner :- Anand Ji Mishra,Kaushal Kumar Pandey
Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
The present Crl. Writ Petition has been filed for quashing the notice dated 7.12.2017 issued under section 11 Cr.P.C. by the Respondent No.4, Additional City Magistrate, Civil Lines, Meerut in case No. 5648/2017 u/s 151,107,116 Cr.P.C. P.S. Civil Lines, District Meerut.
It is contended by learned counsel for the petitioners that the impugned notice does not contain the substance of allegation which has been made against the petitioners 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. Learned counsel for the petitioners has placed reliance upon judgments of this Court reported in 2004 (5) ACC 734 Aurangzeb and others Vs.
State of U.P. and another, 2002 (45) ACC 627 Ranjeet Kumar and others Vs. State of U.P. and others and 2008 (61) ACC 540 Har Charan Vs. State of U.P. and another in support of his contention.
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 petitioners 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 application is finally disposed of.
Order Date :- 28.3.2018 R