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2005 Supreme(All) 1593

POONAM SRIVASTAVA
Devendra Kumar, Bheem Sen and Bheem Sen, Late Phool Chand – Appellant
Versus
State of U. P. and Rakesh Gupta, Laxmi Narayan – Respondent


Advocates:
Dharmendra Singhal,

POONAM SRIVASTAVA, J.

( 1 ) HEARD learned counsel for the applicants and learned A. G. A. for the State.

( 2 ) THE order issuing notice under Section 111 Cr. P. C. and the proceeding initiated under Section 107/116 Cr. P. C. in pursuance to the aforesaid notice registered at case No. 649 of 2005 pending before the 1 Additional City Magistrate, Aligarh has been challenged in this application. The main ground of challenge is that notices were issued in cyclostyle format and this alone shows that there is no application of mind by the Presiding Officer and learned 1 Additional City magistrate signed the order mechanically. In the circumstances, entire proceedings initiated on the basis of a notice without recording any satisfaction of the Magistrate that it calls for preventive measures, stand vitiated in law and is liable to be quashed. Reliance has been placed on the decision of this Court in the case of Siya Nand Tyagi v. State of U. P. 1993 (30) ACC page 146, wherein this Court had quashed proceedings on account of the reason that initiation of proceedings under Sections 111, 151, 107, 116, 114 were on the basis of a notice in a printed format and there was complete absence of app




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