BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Shri Sonavane for the petitioners, Shri S. M. Jain, Dy. Govt. Advocate for the State, They are heard on the petition u/ S. 482, Cr. P.C. preferred by the petitioners praying for quashing of proceedings instituted against them u/Ss. 107, 116, Cr. P.C.

(2.) The petitioners have placed on record photostat copy of the notice, Ex. P/ 5, calling upon them to appear before the said Court on 6-1-90. A certified copy of the order dt. 6-1-90 has also been placed on record. This order, as per the certified copy, has been passed by the Sub-Divisional Magistrate. The case number as given in the notice, Annexure-P/5 as well as the certified copy is the same 256/89. The parties are also the same State through P.S. Tukoganj v. Dhannalal s/o Chenaram.

(3.) So far as notice, Ex. P/5 is concerned, it is apparent that if the proceedings were before the S.D.M., a Naib-Tahsildar cannot be any stretch of law direct issuance of notice, even for appearance. It is the Presiding Officer of the Court, who to direct issuance of notice. This notice is, therefore, invalid at its very inception and is liable to be quashed and is accordingly quashed.