Court No. - 45
Case :- APPLICATION U/S 482 No. - 43222 of 2018 Applicant :- Narendra Kumar Chaudhary @ Banti Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the impugned order/ notice dated 15.10.2018 issued by the Additional City Magistrate, Gorakhpur in Case No. 57 of 2018 (State v. Banti), under Section 110-G/111 Cr.P.C.
P.S. Shahpur District Gorakhpur pending before Additional City Magistrate, Gorakhpur as well as entire proceeding of Case No.57 of 2018.
It is contended by learned counsel for the applicant that the impugned notice does not contain the substance of allegation which has been made against the applicant 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 applicant has placed reliance upon a Judgements 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 applicant 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 :- 30.11.2018 Atul kr. sri.