Allahabad High Court
Preethu Singh vs State Of U.P. And 2 Others on 6 July, 2021
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76........................................................A.F.R. Case :- APPLICATION U/S 482 No. - 7990 of 2021 Applicant :- Preethu Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sanjay Kumar Singh,Shrawan Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J.
Heard Mr. Sanjay Kumar Singh, learned counsel for applicant through video conferencing as well as learned A.G.A. for State and perused the record.
This application under section 482 Cr.P.C. has been filed challenging entire proceeding of Crime No. 79 of 2020 (State Vs. Preethu Singh), under Section 110(G) Cr.P.C. as well as notice under Section 111 Cr.P.C., P.S. Amaria, District- Pilibhit.
Record shows that Police of Police Station Amaria, District-Pilibhit submitted challan reports dated 12.10.2020 and 19.10.2020 against applicant Preethu Singh, whereby he has been challaned under Sections 110(G) and 111 Cr.P.C. It is alleged in aforesaid report that Case Crime No. 155 of 2020 under Section 447 IPC and Section 2/3 Prevention of the Damage to the Public Property Act, 1984 has been registered on account of which there is tension between parties. Allegations and counter allegations are being made by either side. There is every possibility of breach of peace. In order to prevent same, aforesaid persons has been callaned under Sections 110(G) and 111 Cr.P.C. In the interest of Justice, requisite amount of personal bond and surety bond be obtained from above named persons.
After aforesaid report was forwarded by S.H.O. P.S. Amaria, District- Pilibhit, Sub Divisional Magistrate, Amaria, Pilibhit issued notices dated 12.10.2020 and 19.10.2020 under Sections 110G and 111 Cr.P.C asking applicant to furnish personal bond of Rs. 1 lac each and two sureties of the same amount.
Feeling aggrieved by aforesaid notices dated 12.10.2020 and 19.10.2020, applicant namely Preethu Singh has now approached this Court by means of present application under section 482 Cr.P.C.
Learned counsel for applicant contends that notices dated 12.10.2020 and 19.10.2020, issued by Sub Divisional Magistrate, Amaria, Pilibhit, is patently illegal. Same does not contain full particulars nor the full substance of Police Report, on the basis of which aforesaid notice has been issued. It is thus urged that impugned notice does not fullfil the requirement of Sections 110(G) and 111 Cr.P.C. In support of above, reliance is placed upon Baleshwar S/o Ram Saran and Others Vs. State of U.P., 2008 (63) ACC 374, wherein a learned Single Judge has observed as follows in paragraphs 6, 7 and 8:
"6. Having given my thoughtful consideration to the rival submissions made by parties Counsel and after going the impugned notice, I find force in the aforesaid contention of the learned Counsel for the applicants that the impugned notice is wholly illegal and void. Annexure 1 is the copy of the impugned notice, which was issued by SDM Mawana (Meerut) to the applicants, whereby they were called upon to appear on 10.12.2004 and show cause as to why they be not ordered to execute a personal bond for Rs. 30,000/- and furnish two sureties each in the like amount to keep peace for a period of one year. In this notice it is only mentioned by the SDM concerned that he is satisfied with the report of S.O. of P.S. Mawana that due to old litigation, there is enmity between the parties, due to which there is likelihood of the breach of peace. It is not mentioned in this notice that what type of litigation is going on between the parties and in which Court the said litigation is pending. Number of the case and other details of the said litigation have also not been mentioned in the impugned notice. As such the impugned notice issued by the learned SDM Mawana is vague and it does not fulfil the requirements of Section 111, Cr.P.C. This type of notice has been held to be illegal by this Court in the case of Ranjeet Kumar v. State of U.P. (supra).
7. Making an order under Section 111 of the Code is not an idle formality. It should be clear on the face of the order under Section 111, Cr.P.C. that the order has been passed after application of judicial mind. If no substance of information is given in the order under Section 111, the person against whom the order has been made will remain in confusion. Section 114 of the Code provides that the summons or warrants shall be accompanied by a copy of the order made under Section 111. This salutary provision has been enshrined in the Code to give notice of the facts and the allegations which are to be met by the person against whom the proceedings under Section 107, Cr.P.C. are drawn.
8. It should be borne in mind that the proceedings under Section 107/116 of the Code some times cause irreparable loss and unnecessary harassment to the public, who run to the Court at the costs of their own vocations of life. Unless it is absolutely necessary, proceedings under Section 107/116, Cr.P.C. should not be resorted to. Experience tells that proceedings like the one under Section 107/116 of the Code are conducted in a most lethargic and lackadaisical manner by the learned Executive Magistrate causing harassment to public beyond measure. "
Learned counsel for the applicant has placed further reliance upon judgments of this Court reported in 2004 (5) ACC 734 Aurangzeb and others Vs. State of U.P. and another, 2002 (45) ACC 627 Ranjeet Kumar and others Vs. State of U.P. and others and 2008 (61) ACC 540 Har Charan Vs. State of U.P. and another in support of his contention.
In view of aforesaid, this Court has examined the impugned notices dated 12.10.2020 and 19.10.2020, issued by Sub Divisional Magistrate, Amaria, Pilibhit under Sections 110(G) and 111 Cr.P.C. The Court finds that impugned notice contains a bare recital that there is apprehension of commission of cognizable offence. Impugned notice does not contain full substance of information given by concerned Police Officer. Consequently, concerned Magistrate has not acted judiciously while issuing the impugned notices dated 12.10.2020 and 19.10.2020. The notice under Section 110G and 111 Cr.P.C. has been issued only on the basis of one case the impugned notice does not contain the substance of allegation which has been made against the applicant and has been issued in a routine manner on a printed format.
In view of above, the impugned notices dated 12.10.2020 and 19.10.2020, issued by Sub Divisional Magistrate, Amaria, Pilibhit, cannot be sustained. Accordingly, the same is liable to be quashed.
Consequently, present application succeeds and is liable to be allowed. It is accordingly allowed. Impugned notices dated 12.10.2020 and 19.10.2020 are quashed. Sub Divisional Magistrate, Amaria, Pilibhit, shall issue a fresh notice after undertaking requisite exercise in the light of observations made herein above and in accordance with law, if deem fit under the circumstances of the case.
Order Date :- 6.7.2021 SA