Quashed

Dharmendra Singh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Allahabad HC17 Aug 2022/5403/2022

Case brief

AI extract

What is this about?

This High Court quashed a notice issued under Section 111 Cr.P.C. for non-agricultural land possession due to its arbitrary issuance without evidence or judicial mind, citing a government order and prior precedents, and remanded the matter for a fresh order.

What did the court decide?

Impugned notice dated 04.12.2021 under Section 111 Cr.P.C. and further proceedings pursuant thereto are quashed and remitted for fresh order.

Dharmendra Singh Vs State of U.P. Thru. Prin. Secy… — Property and Title | Allahabad HC (2022)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 5403 of 2022

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Applicant :- Dharmendra Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Applicant :- Arjun Singh Kalhans Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Arjun Singh Kalhans, learned counsel for the applicant, Sri Hari Shankar Vajpayee, learned A.G.A. and perused the materials on record.

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The present application under Section 482 Cr.P.C. has been filed to quash the impugned notice dated 04.12.2021 passed by Additional District Magistrate, Sidhauli, District Sitapur, under Section 111 Cr.P.C. in Case No. 1028 of 2021, under Section 110(G) Cr.P.C. (State v. Dharmendra Singh), Police Station Sidhauli, District Sitapur.

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Learned counsel for the applicant submits that without considering the evidence on record, Additional District Magistrate, Sidhauli, District Sitapur, issued impugned notice dated 04.12.2021, in an arbitrary manner without applying judicial mind on printed and blank proforma by filing up the names of the applicant, hence, the impugned notice and its further proceedings pursuant thereto is an abuse of process of court.

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Vide Government Order dated 30.01.2021, the Director General of Police issue a circular to all Zonal Additional Director General of Police, Uttar Pradesh and all Police Commissioners, Uttar Pradesh and directed them to ensure strict compliance of the aforesaid government order, in which the notice/challani report may not be issue on a printed proforma. It is also directed to issue the notice after giving reasons.

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Learned counsel for the applicant relied upon the judgment passed by this Court in Baleshwar and others v. State of U.P. 2008(3) by Division Bench of this Court in Shiv Kumar Verma and another v. State of U.P. and others in Criminal Misc. Writ Petition No. 16386 of 2020 decided on 11.06.2021, issue raised in the present application under section 482 Cr.P.C. is squarely covered, therefore, present application deserves to be disposed of in the light of observations made in the aforesaid application.

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The impugned notice dated 04.12.2021 passed by Additional District Magistrate, Sidhauli, District Sitapur, under Section 111 Cr.P.C. in Case No. 1028 of 2021, under Section 110(G) Cr.P.C. (State v. Dharmendra Singh), Police Station Sidhauli, District Sitapur, is hereby quashed and the matter is remitted to the Additional District Magistrate, Sidhauli, District Sitapur, to pass a fresh order in accordance with law after applying judicial mind within two weeks from the date of production of certified copy of this order.

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In view of above, the present application is disposed of finally.

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Order Date :- 17.8.2022 VPS

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Digitally signed by VED PRAKASH SHARMA Date: 2022.08.22 10:14:35 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Dharmendra Singh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

Dharmendra Singh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

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What did the court decide?

What the court decided

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