Single Bench quashed a show cause notice issued under Section 110(g)/111 Cr.P.C. for failing to disclose the substance of the information despite being issued on a printed proforma. Liberty granted to pass a fresh order.
The impugned notice dated 20.04.2022 is quashed. Liberty granted to pass a fresh order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- APPLICATION U/S 482 No. - 18046 of 2022
Applicant :- Sudhakar Yadav @ Sadhu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Singh Yadav,Divyansh Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
on printed proforma. In the notice the substance of the information received has not been mentioned. The notice appears to have been issued without application of mind in very casual manner and thus on due consideration of the law laid down by this Court in the case of Bhim Sain Tyagi (Supra) as well as the judgment in the case of Santosh Sharma @ Sonu, I am of the view that for the reasons stated above, the impugned notice dated 20.04.2022 is illegal and cannot be sustained and is hereby quashed. However, liberty is granted to the Sub Divisional Magistrate, Saidpur, Ghazipur to pass a fresh order/notice, as per law.
Order Date :- 14.9.2022 VKG
Digitally signed by VIJAY KUMAR GUPTA Date: 2022.09.16 10:11:14 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a show cause notice issued under Section 110(g)/111 Cr.P.C. on a printed proforma without disclosing the substance of the information is sustainable.
Whether the impugned notice without application of mind violates the legal requirement of disclosing material particulars.
Colour shows how this judgement treated each authority
Bhim Sain Tyagi Vs. State of U.P. and othersRelied on¶5
1999 33 ACC 321
Santosh Sharma @ SonuRelied on¶5
Application under section 482 Cr.P.C. No.10307 of 2022 (Santosh Sharma @ Sonu)
2 provisions across 1 enactments
Sudhakar Yadav @ Sadhu
State of U.P.
Karunesh Singh Pawar
Vijay Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
