SARTAJ Vs. STATE OF U P

JUDGEMENT

(1.) THIS application under section 482 CrPC rises out of an order, passed under section 111 CrPC by the Sub-Divisional Magistrate, Ghaziabad on 4-8-82. Aggrieved by that order revision was filed before the Sessions Judge Ghaziabad which has been dismissed as not maintainable. Hence this revision.

(2.) I have heard learned counsel for the applicants and have also perused the impugned order. His main submissions are two fold (1) that the revision was entertainable and the Sessions Judge has acted illegally in holding otherwise (2) that the substance of the information as required under section 111 CrPC has not been given.

(3.) THIS application is, therefore, allowed. The impugned order passed u/S.111 CrPC is quashed. If in the opinion of the SDM Ghaziabad the apprehension of breach of peace still exists he will proceed in accordance with law in the light of the observations made by me above.