Heard learned counsel for the revisionst and learned A.G.A. for the State.
The present criminal revision has been filed against the order dated 5.5.2010 passed by the Sub Divisional Magistrate, Maharajganj in Case No.162 of 2008 (State Vs. Hritesh alias Kulbul) under section 110 Cr.P.C. whereby the surety bonds of Rs.50,000/- of the revisionist has been forfeited and warrant of arrest of quashing issued aginst the revisionist. It is contended by learned counsel for the revisionist that the notice issued to the revisionist under Section 110 Cr.P.C., photocopy of which is annexed as Annexure-1 to the revision and has been issued in a routine manner on a printed format.
In reply to the above contention, it is submitted by learned A.G.A. That there is no illegality in issuing the notice.
In view of the facts and circusmtances of the case, it appears that a notice does not contain the substance of allegations made against the revisionist which is a vague notice, therefore, the impugned notice and also order impugned dated 5.5.2010 is hereby set aside.
However, it shall be open to the learned Magistrate concerned to issue fresh notice, if necessary.
With the aforesaid direction, this revision is finally disposed of. Order Date :- 15.6.2010 P