THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
W.P.No.23527 OF 2020
ORDER:
Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home.
2. It is submitted by learned counsel for the petitioner that the impugned notice issued under Sections 446 and 107 Cr.P.C., is without following the mandatory procedure under the said provisions.
3. As seen from the record, the impugned proceedings are issued without any prior show cause notice. There are no reasons recorded by respondent No.2 while issuing the impugned notice.
4. Learned counsel for the petitioner relies on a judgment of this court dated 21.09.2020 passed in W.P.No.15472 of 2020 and contends that under similar circumstances, notice issued by respondent No.2 was set aside.
5. In the above circumstances, this writ petition is allowed setting aside the impugned notice dated 14.09.2020 issued by respondent No.2. No costs.
6. Pending miscellaneous petitions, if any, shall stand closed ______________________ B. VIJAYSEN REDDY, J 24.11.2021 Lrkm