Court No. - 52
Case :- APPLICATION U/S 482 No. - 21216 of 2019 Applicant :- Raju @ Anil Khameriya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Fakhruzzaman for the applicant and AGA for opposite party.
This application under Section 482 Cr P C has been filed for quashing the notice dated 12.4.2019 and the order of Sessions Judge dated 6.5.2019 dismissing the revision of the applicant against the aforesaid order as well as entire proceeding of Case No. NIL of 2019, under Section 110 (g) Cr P C, P.S. Konch, Distt. Jalaun.
A perusal of the notice issued by the Sub Divisional Magistrate dated 12.4.2019 shows that in this notice no case registered against the applicant has been mentioned. The proceeding under Section 110 (g) Cr P C is a proceeding against habitual offenders. In the absence of any case in the notice, no reply can be given by the applicant, which is highly vague otherwise if more than one case has not been registered against the applicant then he cannot be treated as habitual offender. In such circumstance, notice issued by the Sub Divisional Magistrate dated 12.4.2019 is vague and liable to be quashed.
In the results, the application is allowed. The notice of Sub Divisional Magistrate dated 12.4.2019 is hereby set aside. However it shall be open for the Magistrate to issue a proper notice in accordance with law, if it is required.
Order Date :- 28.5.2019 Rahul Dwivedi/-