JUDGMENT :

1. Heard Sri Nipun Singh, learned counsel for the petitioners and learned A.G.A. for the State.

2. Petitioner by the instant petition is seeking quashing of the impugned notices under section 110 of the Code of Criminal Procedure, 1973 (for short ‘Code’) dated 01.07.2019, issued by the third respondent, Sub Divisional Magistrate, Kairana, District Shamli.

3. The conduct of the State-respondent in not cooperating with the present proceeding is writ large, that inspite several opportunities counter affidavit was not filed, accordingly, vide order dated 14.09.2022, the Court was restrained to impose Rs. 10,000/- cost on the State-respondent. Counter affidavit on behalf of the third respondent thereafter has been filed.

4. The thrust of the argument of learned counsel for the petitioner rests on two assertions, viz. that the notice under Section 110 of the Code is in violation of the principle of natural justice as no show cause was issued prior to issuing of the impugned notice cum order. Further, proceedings under Section 110 of the Code was initiated on the strength of a solitary case being Case Crime No. 52 of 2019, under section 3/4 Prevention of Damage to Public Property A