Amod Shanker Rai And 2 Others vs State Of U.P.
2013 Latest Caselaw 2463 ALL

Citation : 2013 Latest Caselaw 2463 ALL
Judgement Date : 21 May, 2013

Allahabad High Court

Amod Shanker Rai And 2 Others vs State Of U.P. on 21 May, 2013

Bench: Rajesh Dayal Khare




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 17253 of 2013
 

 
Petitioner :- Amod Shanker Rai And 2 Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- B.N. Rai,Adarsh Kumar
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicants and the learned A.G.A. for the State.

The present 482, Cr.P.C. petition has been filed for quashing the notice dated 13.2.2013 issued by Sub Divisional Magistrate, Mohaddadabad in case No. 235 of 2013 under Sections 151, 107, 116 Cr.P.C. and order dated 14.2.2013 under Sections 116(30 Cr.P.C. pending in the court of Sub Divisional Magistrate Mohammadabad.

It is contended by learned counsel for the applicants that the impugned notice and order does not contain the substance of allegation which has been made against the applicants and have been issued in a routine manner on a printed format. It is further contended that the notice and order impugned are illegal and is liable to be set aside. Learned counsel for the applicants has placed reliance upon judgments 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. and another in support of his contention.

In reply to the above contention, it is submitted by learned A.G.A. that there is no illegality in issuing the notice.

From the perusal of the impugned notice and order, it appears that the substance of allegations made against the applicants has not been mentioned. Notice and order are vague, therefore, notice dated 13.2.2013 and order dated 14.2.2013 are hereby quashed.

However, it shall be open to the learned Magistrate concerned to issue fresh notice and pass fresh order, if necessary.

With the aforesaid direction, this application is finally disposed of.

Order Date :- 21.5.2013

faraz