JUDGMENT :

SAMEER JAIN, J.

1. Heard Sri Siddharth Saran, learned counsel for the applicant, Sri Jhamman Ram, learned AGA for the State.

2. The instant application has been filed by the applicant for quashing of the notice dated 18.2.2022 issued by Sub Divisional Magistrate, Sadar-Basti in Case No. 1652 of 2022 under Sections 110/111 Cr.P.C.

3. The brief facts of the case is that on 6.2.2022 applicant was challaned by Station Officer, Police Station Lalganj, District Basti under Section 110(g) Cr.P.C. on the basis of a case relates to Case Crime No. 248 of 2021 under Sections 323, 504 and 506 IPC, registered at Police Station Lalganj, District Basti and on a beat information vide rapat no. 57 time 18.24 hours dated 4.2.2022 and in pursuance of police chalani report dated 6.2.2022, SDM concerned after being satisfied with chalani report of SO Lalaganj dated 6.2.2022 that applicant is habitual offender and his free movement in the society is not in favour of public at large, issued show cause notice to applicant under Sections 110/111 Cr.P.C.

4. Learned counsel for the applicant submitted that the impugned notice dated 18.2.2022 issued against applicant under Sections 110/111 Cr.P.C. is illegal as it is cryptic one and not even contains material particulars.

5. Learned counsel further submitted that while issuing notice to applicant under Sections 110/111 Cr.P.C. learned SDM failed to apply his judicial mind and merely on the basis of police chalani report dated 6.2.2022 issued show cause notice against applicant.

6. Learned counsel for the applicant next submitted that in the impugned notice even the details of cases mentioned in the chalani report against applicant has not been disclosed, therefore, impugned notice was issued even without application of mind.

7. Learned counsel further submitted that even from the perusal of the chalani report dated 6.2.2022, it reflects that applicant was labelled as habitual offender merely on the basis of a case relates to Case Crime No. 248 of 2021 under Sections 323, 504 and 506 IPC and on the basis of a beat information although even the details of the information is not mentioned in the chalani report dated 6.2.2022, therefore, chalani report dated 6.2.2022 itself is illegal and, therefore, the impugned notice dated 18.2.2022 issued by SDM against the applicant pursuant to the chalani report dated 6.2.2022 automatically becomes illegal.

8. He further submitted that merely on the basis of a case relates to Sections 323,504 and 506 IPC a person cannot be declared desperate and dangerous as mentioned in Section 110(g) Cr.P.C. and, therefore, the impugned notice dated 18.2.2022 is liable to be quashed.

9. Per contra, learned AGA submitted that as the impugned notice dated 18.2.2022 is merely a show cause notice, therefore, present application under Section 482 Cr.P.C. is not maintainable.

10. He further submitted that as police chalani report dated 6.2.2022 clearly shows that applicant is an accused in a case relates to Sections 323, 504 and 506 IPC and also on 4.2.2022 a beat information was received against him, therefore, it cannot be said that applicant is a law abiding citizen and, therefore, if he was challaned by the Police under Section 110(g) Cr.P.C. then there is no illegality and further if pursuant to the chalani report dated 6.2.2022 the SDM concerned after satisfying with the chalani report issued notice under Sections 110/111 Cr.P.C. against applicant than there is no illegality in the notice dated 18.2.2022 as it was the subjective satisfaction of the SDM concerned and if the SDM concerned was satisfied with the chalani report then this Court should not interfere with the subjective satisfaction of the SDM concerned under Section 482 Cr.P.C.

11. Therefore, learned AGA urged that the present application under Section 482 Cr.P.C. challenging the show cause notice dated 18.2.2022 issued against applicant under Sections 110/111 Cr.P.C. is liable to be dismissed.

12. I have given my anxious co