The court refused the prayer to stay an order issuing a notice under Section 111 Cr.P.C. on mala fide grounds, holding the remedy lies in showing cause before the SDM. However, the matter was directed to be transferred to another SDM.
The stay prayer refused. The matter is directed to be transferred to any other SDM.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 3692 of 2018
Applicant :- Siddiq Ahmad @ Mohammad Saddiq And 3 Ors Opposite Party :- State Of U.P. And 4 Ors Counsel for Applicant :- Akhilesh Chandra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Akhilesh Chandra Shukla, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to stay the effect and operation of the order dated 18.01.2018 passed by respondent no. 3/4 on the report of respondent no. 5.
Learned counsel for the applicant had filed Writ C No. - 63052 of 2017 (Siddiq Ahmad @ Mohammad Saddiq) before this Court in which this Court, vide order dated 08.01.2018, ordered for considering to institute enquiry against Sri Vinay Kumar Singh, Sub-Divisional Magistrate, Soraon and submitted that notice under Section 111 CrPC has been issued by the same S.D.M. on mala fide ground.
From the perusal of the order dated 18.01.2018, it is revealed that only notice under Section 111 Cr.P.C. has been issued. Therefore, remedy is available to the applicant to appear before S.D.M. and to show cause.
In view of above, the prayer to stay the effect and operation of the order dated 18.01.2018 passed by respondent no. 3/4 is hereby refused.
However, District Magistrate, Allahabad is directed to transfer the matter Case No. 391 of 2018 under Section 107/116 Cr.P.C. to any other S.D.M.
With the aforesaid directed, the instant application is finally disposed of.
Order Date :- 7.2.2018 I. Batabyal
2 issues framed by the court
Whether the stay prayer under Section 482 Cr.P.C. regarding the order of issuing notice under Section 111 Cr.P.C. on mala fide grounds should be granted.
Whether the case involving alleged mala fide notice issuance should be transferred to another Sub-Divisional Magistrate.
3 provisions across 1 enactments
Siddiq Ahmad @ Mohammad Saddiq
State Of U.P.
Umesh Chandra Tripathi
I. Batabyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
