Ram Badai Yadav Vs State of U.P. and 2 Others

Court No. - 49

Case :- APPLICATION U/S 482 No. - 15499 of 2018

Applicant :- Ram Badai Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prashant Kumar Singh,Arun Kumar

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Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State as also perused the record.

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The present 482 Cr.P.C. application has been filed to quash the notice dated 17.02.2018 issued under Section 111 Cr.P.C. in Case No. 1058 of 2018 (State Vs. Ram Badai), under Sections 151/107/116 Cr.P.C., Police Station Kotwali, District Deoria as well as order dated 28.03.2018 passed by the learned Sessions Judge, Deoria in Criminal Revision No. Nil of 2018 (Ram Badai Vs. State of U.P.), under Sections 397/401 Cr.P.C., District Deoria.

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Learned counsel for the applicant submits that the notice under Section 111 Cr.P.C. has been issued on a printed proforma. Alongwith supplementary affidavit filed today, a copy of the police report has been filed. Perusal of the same reveals that the police report has also been submitted upon printed proforma without giving sufficient cause or relevant details as may have occasioned issue of notice under Section 111 Cr.P.C.

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Unless the person from whom security is to be demanded is confronted with the material or the basis/ material on which such security has been demanded, it is difficult to perceive a situation where the demand of security may be justified.

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Accordingly, the notice dated 17.2.2018 issued by the S.D.M., Deoria under Section 111 Cr.P.C. is set aside. The application is allowed.

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However, it is left open for the S.D.M. Deoria to issue such other notice and demand security on the basis of material and objective criteria, in accordance with law.

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Order Date :- 18.5.2018 Rmk.

Ram Badai Yadav v. State of U.P. and 2 Others

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Ram Badai Yadav v. State of U.P. and 2 Others

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