Court No. - 53
Case :- APPLICATION U/S 482 No. - 28557 of 2018
Applicant :- Narayandas
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Connect with Application u/s 482 No. - 28157 of 2018.
The present 482 Cr.P.C. application has been filed seeking to quash the impugned notice/ order dated 3.7.2018 passed by S.D.M. Madhogarh in Case No. 29 of 2018, "State vs. Narayandas" under Section 111 Cr.P.C.
,P.S.- Madhogarh, District- Jalaun.
Learned counsel for the applicant submits that the impugned notice does not carry any substance of the allegations which are said to be there against the applicant. It has been issued in a routine manner on a printed proforma. Learned counsel for the applicant has placed reliance upon decisions of this Court as mentioned below:
"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"
Learned A.G.A. has opposed the motion to admit this application to hearing and submits that the order has been passed for good and valid reasons. However, the learned A.G.A. does not dispute the fact that the impugned order has been passed on a printed proforma in a mechanical fashion.
From a perusal of the impugned notice it is evident that the substance of the allegations against the applicant have not been indicated. It is a vague notice. It is also brought to the notice of the court that the impugned notice at the instance of another person proceeded with against in the same case, i.e Happy @ Shubhanku (minor), this court has quashed the same notice.
Matter requires consideration.
Issue notice to opposite party no.2 returnable within four weeks. List on the date fixed in the notice.
Learned AGA may also file a return within the same period of time.
Until the date of next listing, operation of the impugned notice/ order dated 3.7.2018 passed by S.D.M. Madhogarh in Case No. 29 of 2018, "State vs. Narayandas" under Section 111 Cr.P.C. ,P.S.- Madhogarh, District- Jalaun shall remain suspended.
The Magistrate is ordered not to enforce the impugned order in the meanwhile.
Order Date :- 23.8.2018/ shiv