Court No. - 49
Case :- APPLICATION U/S 482 No. - 9908 of 2018
Applicant :- Pintu
Opposite Party :- State Of U.P. And 2 Ors
Counsel for Applicant :- Dhirendra Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
The present 482, Cr.P.C. application has been filed to quash the show cause notice dated 21.2.2018 under Section 110G Cr.P.C. issued by Sub- Divisional Magistrate, Raja Talab, District Varanasi in Criminal Case No. 56 of 2018 arising out of Case Crime No. Nil of 2018.
It is contended by learned counsel for the applicant that notice under Section 110G Cr.P.C. has been issued only on the basis of one case 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 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 applicant has not been mentioned. It is a vague notice, therefore, it is hereby quashed.
However, it shall be open to the Magistrate concerned to issue fresh notice, if necessary.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 28.3.2018 Lbm/-