SANTOSH SHARMA Vs. STATE OF U. P.

JUDGEMENT

(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 dtd. 18/2/2022 issued by Sub Divisional Magistrate, Sadar- Basti in Case No.1652 of 2022 under Ss. 110/111 Cr.P.C. The brief facts of the case is that on 6/2/2022 applicant was challaned by Station Officer, Police Station Lalganj, District Basti under Sec. 110(g) Cr.P.C. on the basis of a case relates to Case Crime No.248 of 2021 under Ss. 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 dtd. 4/2/2022 and in pursuance of police chalani report dtd. 6/2/2022, SDM concerned after being satisfied with chalani report of SO Lalaganj dtd. 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 Ss. 110/111 Cr.P.C. Learned counsel for the applicant submitted that the impugned notice dtd. 18/2/2022 issued against applicant under Ss. 110/111 Cr.P.C. is illegal as it is cryptic one and not even contains material particulars.

(3.) Learned counsel further submitted that while issuing notice to applicant under Ss. 110/111 Cr.P.C., learned SDM failed to apply his judicial mind and merely on the basis of police chalani report dtd. 6/2/2022 issued show cause notice against applicant. 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.