Court No. - 45
Case :- APPLICATION U/S 482 No. - 47007 of 2018 Applicant :- Sanwaley Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Tej Bhanu Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No.5007/18, under Section 110G/111, Cr.P.C., P.S. Khuthan, District Jaunpur, pending in the court of S.D.M., Shahganj, Jaunpur as well as report dated 12.10.2018.
Submission is that the order under Section 110, Cr.P.C. has been passed on printed proforma, which shows non application of mind. It is settled law that the order passed by the authority shows non application of mind.
In view of above, order dated 17.10.2018 passed by the Sub Divisional Magistrate, Shahganj, Jaunpur in the aforesaid case is, hereby, quashed.
It is open for the aforesaid authority to pass fresh order in accordance with law.
The application stands allowed. Order Date :- 21.12.2018 T. Sinha