- (1.) Heard Sri S.M. Royekwar, learned Counsel for the petitioner and Sri Rajendra Kumar Dwivedi, learned AGA for the opposite party and perused the relevant documents on record.
(2.) The instant petition is being preferred under Section 482 , Cr.P.C. challenging the entire proceedings relating to Case No. 124 of 2009 (State v. Rakesh Singh) under Sections 110 / 111 , Cr.P.C., including the notice dated 25.11.2009 issued under Section 111 , Cr.P.C., pending in the Court of Pargana Magistrate, Kaisarganj, Bahraich.
(3.) It is submitted that the learned Pargana Magistrate, Kaiserganj, Bahraich proceeded to issue impugned notice under Section 111 , Cr.P.C. on the basis of the police report dated 23.11.2009 without application of judicial mind. The impugned notice has been issued on a typed format in a cyclo styled manner. In the said typed format only the name, date and police station has been filled in the gaps. It is further submitted that in violation of Section 111 , Cr.P.C., the Pargana Magistrate did not set forth the substance of the information received by him in the impugned notice, which is mandatory in nature and noncompliance thereof vitiates the entire proceedings.;