Allahabad High Court
Riazul Hasan And Others vs State Of U.P. Thru. Prin. Secy. Home ... on 1 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- APPLICATION U/S 482 No. - 7792 of 2022 Applicant :- Riazul Hasan And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And Others Counsel for Applicant :- Vijay Shankar Trivedi Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Heard learned counsel for applicants as well as learned Additional Government Advocate for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed by the applicants namely Riazul Hasan, Vajahul Hasan and Smt. Farheen with the prayer to set-aside/quash the impugned Notice dated 15.09.2022 issued/passed by the opposite party no.2 in Case No. 1186/2022, under Section 107/116 Cr.P.C. (State vs. Riazul Hasan and others), Police Station Saadatganj, District Lucknow.
Learned counsel for the applicants while referring to the Show Cause Notice issued under Section 111 Cr.P.C. placed at Page No. 8 of the paper book, submits that the Assistant Police Commissioner/Executive Magistrate, Bazarkhala, Police Commissionerate Lucknow has issued the instant notice dated 15.09.2022 without application of judicial mind and on the basis of insufficient material.
Highlighting on an application moved by the applicant no.3 before the A.C.J.M., Lucknow under Section 156 (3) Cr.P.C. against her husband and his family members, it is submitted that the Magistrate had passed an order for registration and investigation of the same on 09.09.2022. However, the F.I.R. in compliance of the said order could only be registered on 28.09.2022 and in between the instant proceedings with regard to Section 107/116 Cr.P.C. has been initiated against the applicants in order to subject them to mental trauma and harassment, while there is no apprehension of breach of peace between the parties as the applicant no.3 had only adopted a legal course of lodging an F.I.R. through the instrumentality of Section 156 (3) Cr.P.C. and, therefore, all the proceedings pending before the Executive Magistrate are nothing but the abuse of the process of law and the same be quashed.
Learned A.G.A. on the other hand submits that the parties are family members and they are having matrimonial dispute between them and the Assistant Police Commissioner/Executive Magistrate has not done anything illegal as it is the duty of the Executive Magistrate to maintain peace and calm within the area falling under his jurisdiction. Therefore, no illegality has been committed by the Executive Magistrate.
At this juncture, learned counsel for the applicants submits that without there being any basis the notice under Section 111 Cr.P.C. has been issued and it is apprehended that when applicants will appear before the Executive Magistrate for the purpose of showing cause that no dispute as claimed by local police is existing they may be subject to file a personal bond as well as two sureties of the same nature and this may cause inconvenience to them as a final order as per the scheme provided by the Cr.P.C. could only be passed after full trial.
Having regard to the facts and circumstances of the case and keeping in view the order intended to be passed, the issuance of notice to the opposite party no.4 is hereby dispensed with.
Perusal of the record in the background of the submissions made by learned counsel for the applicants would reveal that a notice has been issued to the applicants under Section 111 Cr.P.C. by the Assistant Police Commissioner/Executive Magistrate, Bazarkhala, Police Commissionerate Lucknow asking them to appear before the Executive Magistrate on 27.09.2022 showing as to why they would not be ordered to file a personal bond with sureties of the amount of Rs. 50,000/- for keeping peace and tranquility in the area.
The only apprehension which appears to be in the mind of the applicants is that when they will appear in pursuance of the order passed by the Executive Magistrate under Section 111 Cr.P.C. they shall be subject to file personal bond as well as two sureties which may cause inconvenience to them and they will also be directed to appear before the trial court on a routine basis and the applicant no.3, who is a lady would be unnecessarily harassed in attending the dates before the Executive Magistrate.
Keeping in view all the facts and circumstances of the case, the instant application filed on behalf of the applicants is finally disposed of with a direction to the Assistant Police Commissioner/Executive Magistrate, Bazarkhala, Police Commissionerate Lucknow that if the applicants appear before the Executive Magistrate in response to the show cause notice issued under Section 111 Cr.P.C., they may be permitted to file a personal bond of Rs. 50,000/- as shown in the show cause notice during the pendency of the proceedings subject to the final order which may be passed under Section 117 Cr.P.C.
It is further provided that the Executive Magistrate may also have due regard to the provision of Section 205 Cr.P.C., during the course of pendency of proceedings, so far as the applicant no.3, who is a lady, is concerned.
Order Date :- 1.11.2022 Praveen