Mohd. Rais v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 40378 of 2023 Applicant :- Mohd. Rais Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Srivastava,Shiva Kant Tripathi 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 record.

¶2The present 482 Cr.P.C. application has been filed to quash the chalani report No.519/2023 dated 21.08.2023, under Section 151/107/116 Cr.P.C, Police Station-Sarai Inayat, District-Allahabad.

¶3Learned counsel for the applicant submits that the applicant is uncle of opposite party no.2 and instant proceeding under sections 151/107/116 Cr.P.C. is malice prosecution and without following the procedure provided under the Act. Only to harass the applicant, instant proceeding has been initiated. Investigating Officer has submitted chalani report in cyclostyled proforma. Applicant has no criminal history and not involved in any case. Impugned notice does not contain the substance of allegation which has been made against the applicant. The authority concerned without application of judicial mind issued show cause notice.

¶4In 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 the show-cause notice is vague and bogus, therefore, the same is hereby quashed.

¶5It shall be open to authority concerned to issue fresh notice to the applicant, if necessary.

¶6With the aforesaid direction, this Application u/s 482 Cr.P.C. is, accordingly, disposed of. Order Date :- 2.11.2023/SKD High Court of Judicature at Allahabad