Lalit Kumar v. State of U.P. and 2 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 40325 of 2023 Applicant :- Lalit Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pramod Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,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 dated 13.9.2023 issued under Section 111 Cr.P.C. by the Pargana Magistrate, Chandpur, Bijnor/opposite party no. 2, as well as entire proceedings of Case No. 309 of 2023, under section 110 G Cr.P.C.

¶3Learned counsel for the applicant has submitted 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 basis of one case, proceeding has been initiated which was falsely lodged against the applicant. Impugned order dated 13.9.2023 passed by opposite party No.2 is, therefore, illegal.

¶4Learned A.G.A. has opposed the submission raised by learned counsel for the applicant.

¶5In view of the aforesaid facts and circumstances of the case and keeping in view that substance of allegation made against the applicant has not been specifically stated making the notice vague and bogus, as such, the same is hereby quashed, however it shall be open to the authority concerned to issue fresh notice to the applicant, if necessary in accordance with law.

¶6With the aforesaid direction, the present 482 application is allowed. Order Date :- 6.12.2023 R High Court of Judicature at Allahabad