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

Court No. - 86 Case :- APPLICATION U/S 482 No. - 43622 of 2023 Applicant :- Aaquib Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Gaurav Gupta 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 notice dated 15.09.2023 issued by Sub-Divisional Magistrate, Tilhar, District Shahjahanpur in Computer Case No. T202312610310858 (State Vs. Aaquib), under Section 111/110G Cr.P.C, P.S. Tilhar, District Shahjahanpur.

¶3Learned counsel for the applicant has submitted that notice issued under Section 111/110G 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 15.09.2023 by opposite party No.2 is, therefore, illegal.

¶4Learned A.G.A. has opposed the submission raised by 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 :- 12.12.2023 KU High Court of Judicature at Allahabad