Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15542 of 2019 Petitioner :- Rakesh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Raj Prajapati Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners and Sri V.K. Pandey, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned chalani report under section 110 (G) Cr.P.C. dated 18.3.2019 submitted by SHO Sumerpur and notice under section 11 Cr.P.C. dated 26.3.2019 issued by Dy. District Magistrate, Hamirpur (Annexure No. 4 to this writ petition).
It is contended by learned counsel for the petitioners that the impugned notice does not contain the substance of allegation which has been made against the petitioenrs 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 petitioners 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. another in support of his contention.
In reply to the above contention, it is submitted by learned AGA 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 petitioners 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 issued fresh notice, if necessary.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 31.5.2019 Puspendra