Notice issued by SDM u/s 111 CrPC without recording reasons, is sheer non-application of mind: Allahabad HC

Read order: Noor Alam Khan vs. State of UP

LE Correspondent

Prayagraj, August 19, 2021: The Allahabad High Court has ruled that a duty has been casted on the Magistrate to get himself satisfied about the existence of any emergent situation and if it is so then he is further obliged to record the reasons for issuance of notice to any accused person u/s 111 of CrPC.

While emphasizing that nothing is more precious to a person than his personal liberty and reputation, a Single Bench of Justice Mohd. Faiz Alam Khan observed that in the present case, the notice issued u/s 111 CrPC is an example of sheer non-application of mind by the concerned Magistrate. 

The observation came pursuant to lodging of FIR against the applicant and notice issued by the Sub Divisional Magistrate (SDM), Sadar, Bahraich wherein it was stated that the applicant is a ‘habitual offender’ whose main occupation is ‘theft’, rioting, ‘harbouring the criminals’ and is of committing assault and the public at large is living in fear due to him and there is a strong possibility of breach of public peace from him. 

The counsel for the applicant submitted that there was no material available before the Magistrate which might have persuaded him to issue the process against the applicant and therefore, all the proceedings of the case pending before the Magistrate concerned were nothing but the abuse of process of law.

On the other hand, the counsel for State contended that on the basis of the report submitted by the concerned police station, the SDM had issued a notice and simply gave a direction to the applicant to appear before the Magistrate for the purpose of filing sureties and personal bond, which could not be deemed to have adversely affected the applicant.  

Justice Khan observed that it is unclear as to how the Magistrate has got the knowledge that the applicant is a habitual offender, indulging in ‘marpeet’, theft and in rioting and public is living in fear due to him. 

It is also not clear as to why by involving in a private dispute of criminal nature the public tranquility could be disturbed by the applicant, added Justice Khan. 

Observing that the dispute as alleged in the FIR appears to be purely personal in nature, Justice Khan reiterated that summoning of a person by any criminal court for either purpose is a very serious matter and it is to be understood by one and all that there cannot be anything precious than the personal liberty as well as the reputation of a person.

Therefore, highlighting that nothing could be more precious to a person than his liberty and reputation, the High Court listed the matter on Sep 08, 2021.