Ramakant Pathak vs State Of U.P.And Others
2011 Latest Caselaw 3870 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR
 
Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 21604 of 2011
 

 
Petitioner :- Ramakant Pathak
 
Respondent :- State Of U.P.And Others
 
Petitioner Counsel :- D.N.Pandey
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble S.C. Agarwal,J.

Heard learned counsel for the applicant and learned AGA for the State.

This application u/s 482 Cr.P.C. with a prayer to quash the notice dated 4.5.2011 issued by Sub Divisional Magistrate, Burhanpur, District- Azamgarh, under Section 110 Cr.P.C. in Case No. 25, State of U.P. Vs. Ramakant.

Learned counsel for the applicant submitted that the notice under Section 110 Cr.P.C. has been issued on a printed proforma with the blanks filled in by hand and there was no application of mind on the part of the S.D.M.

In 2009 (2) JIC 918, Mahesh Prasad Kannaujiya Vs. State of U.P. this court has held that notice under Section 110 Cr.P.C. should not be given on printed proforma and the notice on cyclostyle proforma is illegal. In the instant case, also the notice has been given on a printed proforma/ cyclostyle proforma wherein name of the noticee, name of the police station, dates, name of the village are written by hand and remaining content of the notice is printed. Such a notice cannot be said to be in accordance with law and is rather illegal.

The application u/s 482 Cr.P.C. is allowed. Notice dated 4.5.2011 is quashed.

Order Date :- 17.8.2011

KU