Anuj Ranjan v. State of U.P. and 2 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 44389 of 2023 Applicant :- Anuj Ranjan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Kumar Asthana Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant, learned counsel for opposite party no.2 and learned A.G.A. for the State.

¶3The present 482 Cr.P.C. application has been filed to quash the impugned notice dated 02.11.2023 issued by Addl. Magistrate-II, Azamgarh, U/s 110G Cr.P.C. in Case No.81 of 2023.

¶4Learned counsel for the applicant submits that notice U/s 110 Cr.P.C. is illegal and bad in the eyes of law as the notice was issued on printed/cyclostyle proforma. Issuance of notice U/s 110G Cr.P.C. is without following the provision provided under the Code of Criminal Procedure, as such, frivolous notice has been issued to the applicant.

¶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 :- 5.12.2023 Nitin Verma High Court of Judicature at Allahabad