Pradeep Kumar Verma and 3 Others v. State of U.P. and 2 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 37700 of 2023 Applicant :- Pradeep Kumar Verma And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶2The present 482 Cr.P.C. application has been filed to quash the impugned notice dated 04.09.2023 passed by Vishesh Karyapalak Magistrate/Sahayak Police Ayukat, Police Line-II, Mahangriya Kshetra, Varanasi in Case No.2519 of 2023 (State vs. Pradeep Kumar Verma & others), under Section 107/116 Cr.P.C, Police Station Sigra, District Varanasi.

¶3Learned counsel for the applicants has challenged the notice under section 111 Cr.P.C. dated 04.09.2023 by which show cause notice has been issued under section 107/116 Cr.P.C. Learned counsel for the applicants submits that proceeding initiated under section 107/116 Cr.P.C. is bad in the eye of law and has not followed the mandatory provision provided in Cr.P.C. Issuance of notice under section 111 Cr.P.C. is illegal and arbitrary.

¶4In view of the aforesaid facts and circumstances of the case and keeping in view the substance of allegation made against the applicants 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 applicants, if necessary.

¶6With the aforesaid direction, this Application u/s 482 Cr.P.C. is, accordingly, disposed of. Order Date :- 2.12.2023 SKD High Court of Judicature at Allahabad