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2019 DIGILAW 363 (UTT)

KANTA PRASAD GANGWAR v. STATE OF UTTARAKHAND

2019-05-30

RAVINDRA MAITHANI

body2019
JUDGMENT Hon'ble Ravindra Maithani, J. The instant petition under Article 226 of the Constitution of India has been filed challenging the notice under Section 111 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code") in Case No.9/180 of 2018 passed by Pargana Magistrate, Rudrapur, District Udham Singh Nagar. 2. Heard learned counsel for the petitioner, learned counsel for the State and perused the records. 3. It appears that on a report received from Inspector Pargana, Rudrapur, in view of apprehension of breach of peace, notice under Section 111 of the Code has been issued to the petitioner. 4. Learned counsel for the petitioner would argue that since petitioner had filed an F.I.R. against the Mayor of the city, who is most strong and politically connected person, therefore, the whole system has gone against him and without there being any complaint, merely on the report of a Inspector, notice has been issued. It is argued that the petitioner is ready to appear in response to the notice but what he expects is that his objections may not be considered and he may be taken into custody or require to furnish bond immediately. 5. Learned State counsel would submit that this is a petition challenging notice under Section 111 of the Code. Petitioner may very well be advised to file his response before the Sub Divisional Magistrate. 6. Notice under Section 111 of the Code has been issued to the petitioner to show cause as to why he may not be required to execute bonds with or without sureties. This is a step to proceed further on the complaint or information received by the Sub Divisional Magistrate. There are other provisions as well. Under Section 115 of the Code, a person through pleader may also be permitted to show cause and if required under Section 116 of the Code an inquiry as to the truth of the information is conducted. Petitioner is definitely free to show cause in response to the notice under Section 111 of the Code and if he is so advised, he may also file application for dispensing with his personal appearance. Needless to say, the learned Magistrate definitely, as duty bound, would consider those causes shown by the petitioner as well as the application filed for dispensing with personal appearance. 7. With the above observations, the writ petition stands disposed of.