Sandeep v. State of U.P. and 2 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39240 of 2023 Applicant :- Sandeep Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pushpendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant; learned A.G.A. for the State and perused the material placed on record.

¶2The present 482 Cr.P.C. application has been filed to quash the impugned notice/summon dated 01.09.2023 issued under Section 110 G Cr.P.C. by the Up-Zila Magistrate, Jalalabad, District Shahjahanpur/opposite party no. 2, as well as entire proceedings of Case No. 326 of 2023 (State Vs. Sandeep).

¶3Learned counsel for the applicant submits that notice issued under Section 110 G Cr.P.C. is illegal and without following the provisions provided under the Cr.P.C. and no show cause notice was issued prior to issuing the impugned notice. On account of one case, proceeding has been initiated which was falsely lodged against the applicant. Order passed on 01.09.2023 by opposite party No.2 is illegal.

¶4Learned A.G.A. opposed the submission raised by counsel for the parties.

¶5In view of the aforesaid facts and circumstances of the case and keeping in view the substance of allegation made against the applicant which has not shown in show cause notice, is vague and bogus, therefore, the same is hereby quashed. It shall be open to the authority concerned to issue fresh notice to the applicant, if necessary.

¶6With the aforesaid direction, the present 482 application is disposed off. Order Date :- 27.10.2023 Meenu Singh High Court of Judicature at Allahabad