In an application under Section 482 CrPC, this court quashed a notice under Sections 107 and 111 Cr.P.C. issued by the Sub Divisional Magistrate for lack of assigned reasons regarding the demand of security from the applicants.
Notice under Sections 107 and 111 Cr.P.C. issued by Sub Divisional Magistrate, Kerakat, is quashed.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 16394 of 2018
Applicant :- Nirmala Devi And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application has been filed to quash the entire proceeding case no. 1988 (State Vs. Nirmala Devi and others) as well as notice dated 9.11.2017 issued by the Sub Divisional Magistrate, Kerakat, District Jaunpur, under Sections 107, 111 Cr.P.C., Police Station Kerakat, District Jaunpur.
Learned counsel for the applicants submits that notice under Sections 107 and 111 has been issued on a printed proforma and that it does not indicate the reason why the security has been demanded from the applicants.
It is further submitted that the applicants are ladies and are being repeatedly harassed by similar notices. Such notices are being issued repeatedly to the applicants for the reasons that the opposite party no.2 with whom the applicants have a civil dispute and differences is able to influence the police authorities to send the reports against the applicants.
It has also been stated that the order issued to the applicants in similar circumstances had earlier been quashed in 482 Cr.P.C. Application No. 27781 of 2017.
Perusal of the present notice and the earlier order passed does reveal that the notice has been issued on a printed proforma and no reasons appear to have been assigned to require the applicants to furnish security as demanded.
For the aforesaid reasons, the notice under Sections 107/111 Cr.P.C. issued by the Sub Divisional Magistrate, Kerakat, District Jaunpur is liable to be quashed and is hereby quashed.
The application is allowed.
Order Date :- 10.5.2018 Mini
1 issue framed by the court
Whether notice under Sections 107 and 111 Cr.P.C. issued without reasons can be quashed.
1 provisions across 1 enactments
Nirmala Devi And 5 Ors
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
