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1980 DIGILAW 71 (PAT)

Narayan Mishra v. State

1980-03-21

M.P.VARMA

body1980
JUDGMENT : M. P. Verma, J. In this application the petitioners have challenged the validity of a notice (annexure I) purported to have been issued under section 111 of the Code of Criminal Procedure 1973 (hereinafter to be, referred to as the Code) in a proceeding initiated against them under section 107 of the Code. 2. The short point, which has been agitated at the Bar, is that this notice is quite vague in all its material particulars and does not contain the substance 'of the accusation or the information received by the Magistrate. The action against the petitioners was taken on the report of police station therein that they are likely to commit breach of the peace or disturb the public tranquility or to do some such wrongful act is may probably, occasion breach of the peace or disturb the public tranquility. It may be stated here that section 111 makes it imperative that the Magistrate acting under section 107 of the Code shall give the substance of the accusation or the substance of the information received in the notice which he Issues in pursuance of any ORDER :passed under section 111 of the Code. In the present cast', the perusal of the notice itself indicates that it is not in conformity with the provisions laid down in section 111 of the Code ,and it being violative of the provisions, it must be quashed. But before 1 pass my ORDER :, I am constrained to observe that the petitioners have not filed certified copy of the ORDER :on the basis of which this notice under section 111 has been issued or served on them in as much as there is no prayer for quashing the proceeding it self; the prayer of course, has been vaguely made in the petition to set aside the proceeding or the notice in question, i.e., annexure 1 attached to the petition. I have already said that the notice (annexure-1) is violative of the provision laid down in section 111 of the Code and the notice must be quashed. 3. In the result, the application succeeds. The notice as contained in annexure 1 is hereby quashed. However, the learned Magistrate will be at liberty to take action afresh against the petitioners on fresh materials, if any, before him and in such a situation be will proceed according to law. Application allowed.