HEERA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsels for the parties, and perused the records.

(2.) By means of present C482 application, the applicant is seeking quashing of notice dtd. 24/6/2020, issued under Sec. 82 of Cr.PC, passed by learned 1st Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Haridwar.

(3.) As per record, there is a finding on record that the proclamation under Sec. 82 of CrPC were not issued on sound ground, and it was further noted that such proclamation under Sec. 82 of CrPC, cannot be issued in a mechanical manner as it has wide consequences. Relevant paragraph of order dtd. 17/7/2020 passed by this Court is extracted below:-