RASIK VITHALDAS SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition pertains to year 1998, therefore, in the absence of petitioner the petition is being decided on merit in the interest of justice.

(2.) SHRI Gadkari has been heard on the points involved.

(3.) THE chapter proceeding pertains to year 1998, because it bears Chapter Case No. 11 of 1998. The said notice is dated 18/12/1998. The notice shows that the learned Magistrate has used, already typed sheet for the purpose of utilising it as a notice, in view of provisions of Section 111 of Code of Criminal Procedure, 1973 (hereinafter referred to as Code for convenience ). The hand written matter has not been initialled. The way in which the said printed sheet is exhibiting itself, it does not satisfy this Court, that the learned magistrate has applied his judicial mind to the information embodied in the said printed sheet of the paper, that is a grave error of facts and law.