Court No. - 45
Case :- APPLICATION U/S 482 No. - 35767 of 2018 Applicant :- Hemraj Sharma Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Akash Gupta,Arpit Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
The counsel for the applicant has submitted that the notice in the present case under Section 111 Cr.P.C. dated 13.06.2018 is on a printed proforma. The section requires that the same should have been issued after application of mind.
Counsel for the applicant has relied upon the judgment in the case of State vs. Baleshwar and others reported in ACC (53) 374 wherein the court has held that the notice should be issued after application of judicial mind.
In view of the above the notice dated 13.06.2018 passed by the Sub Judicial Magistrate, Puranpur is hereby quahsed.
It is open for the Magistrate concerned to pass fresh order in accordance with law.
This application stands allowed.
Order Date :- 31.10.2018 Rohit