DAYA SHANKER YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner prays to quash the notice dated 28.4.1997, issued under Section 216, I.P.C. by Iltafar Husain, Station Officer, Police Station, Makanpur, District Firozabad, intimating him that he has been informed through confidential sources that Mukesh Yadav, Son of Dalvir Yadav, resident of Mahabir Nagar, Police Station South Firozabad Nagar, District Firozabad is a notorious criminal who visits him and get shelter, as a result of which, there is an apprehension of disorder in the law and order situation within the territorial Jurisdiction of the aforementioned police station, apart from creation of terror in the regional public and thereby his act aforementioned comes within the category of crime and thereby he should restrain himself from such activities, failing which action in accordance with law against him will be taken.

(2.) MR. Tej Pal, learned counsel appearing on behalf of the petitioner, made a very short contention before us that Section 216, I.P.C. does not vest any jurisdiction in the Thanadhyaksha to give such notice, and thereby it is without jurisdiction and liable to be quashed for this reason alone.

(3.) A perusal of the aforementioned provisions of the Indian Penal Code do not contemplate issuance of any notice like the instant one. For the aforementioned reason, we hold that issuance of such notice was without jurisdiction and thereby nullity. It is, accordingly, quashed. This writ petition is allowed, but without cost.