Court No. - 45
Case :- APPLICATION U/S 482 No. - 47240 of 2018 Applicant :- Vinod Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari 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 has been filed to quash the notice dated 1.12.2018 issued by Sub-Divisional Magistrate, Phoolpur District Prayagraj under section 107/111 Cr.P.c. P.S. Jhusi District Prayagraj.
This case was mentioned by learned counsel for the applicant for being taken out of its turn.On his request record was summoned from the registry.
The submission is that notice under section 107/116 and section 111 Cr.P.c. have been issued on the printed proforma by the court below without application of mind.
Learned A.G.A. has not disputed this fact.
The order dated 1.12.2018 passed by Sub-Divisional Magistrate, Phoolpur under section 107/111 Cr.P.C. P.s. Jhusi, District Prayagraj is hereby quashed.
The application is allowed.It is open for the court below to pass fresh order in accordance with law.
Order Date :- 21.12.2018 Atul kr. sri.