Jeet Singh And Another vs State Of U.P. And 2 Others
2023 Latest Caselaw 8812 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- APPLICATION U/S 482 No. - 42668 of 2022
 
Applicant :- Jeet Singh And Another
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Nawal Kishor Mishra,Shiv Shanker Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.

This application under Section 482 Cr.P.C has been filed to set aside the notice under Section 111 Cr.P.C. dated 30.07.2022 issued by Special Executive Magistrate, Central/Greater Noida, Gautam Buddha Nagar in Case No. 3006 of 2022 (State vs. Jeet Singh and another), Police Station Bisharakh, District Gautam Buddha Nagar as well as the cognizance order passed in the aforesaid case, pending in the court of Special Executive Magistrate, Central/Greater Noida, District Gautam Buddha Nagar.

Learned counsel for applicants has submitted that notice dated 30.07.2022 issued by Special Executive Magistrate, Central/Greater Noida, Gautam Buddha Nagar neither contains full particulars of aforesaid case pending against applicants nor full substance of police report on which basis aforesaid notice was issued and as such the notice impugned is illegal and is liable to be quashed. He placed reliance on the judgment reported in 2008 (63) ACC 374 (Baleshwar Vs. State of U.P. and others).

It is well settled that the objectives of setting forth in the order the substance of the information received by the Magistrate is to inform the person asked to show cause what allegations he has to answer. If the substance of the information set forth in the notice is vague and ambiguous, the very object of Section 111 Cr.P.C is defeated. A perusal of the instant notice leaves no room of doubt that substance of the information as set forth therein is wholly incomplete, vague and ambiguous. It simply recites that the Magistrate has been informed about alleged breach of peace in between applicants and opposite party no. 3. The applicant no. 2 is minor aged about 16 years. The notice is thus wholly defective and invalid and has been issued without application of mind.

For the reason stated above, this application is allowed. The aforesaid impugned notice is set aside and the proceedings initiated on the basis of these notices are quashed. It is, however, made clear that it shall be open for the Magistrate to initiate fresh proceedings in accordance with law, if he deems necessary.

Order Date :- 24.3.2023

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