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1980 Supreme(Pat) 226

V.MISHRA, M.P.VARMA
Rameshwar Koeri Alias Rameshwar Mahto – Appellant
Versus
State Of Bihar – Respondent


Judgment

V.Mishra, J.

1. These two writ applications have been taken up together as the points involved are the same. Twice before they were dismissed for default but were later restored.

2. These are applications under Articles 226 and 227 of the Constitution of India for quashing the notices issued by the District Magistrate of Saran on 4-5-1979 u/s. 3(1) of the Bihar Control of Crimes Ordinance 1979 (anuexure 1 to each of the petition). The main ground is that the notices are vague and they do not give sufficient details to the petitioners so as to enable them to submit any show cause. They are also said to have been mechanically issued without the District Magistrate having applied his mind to them. In this view of the matter, the notices are said to be without jurisdiction and as such liable to be quashed.

3. Counter affidavits have been filed in each case by the State in which it has been tried to establish that the petitioners have got criminal history. The notices are claimed to be quite in accordance with the Bihar Control of Crimes Ordinance, 1979 (hereinafter referred to as the Ordinance). It is also said that show cause has been filed in each case which has not yet been







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