Mookiah v. The Sub Divisional Magistrate Cum Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM and Crl.M.P(MD)Nos.7460 & 7461 of 2022 1.Mookiah 2.Shanthi 3.Shanmugapriya 4.Anushiya
...Petitioners
Vs.
1.The Sub Divisional Magistrate- cum-Revenue Divisional Officer, Tirunelveli.
2.The Inspector of Police, Sivandipatti Police Station, Tirunelveli.
3.Gopla Devaraj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the impugned show cause notice in A5/MC No.20 of 2022 (107) dated 31.05.2022 on the file of the first respondent and quash the same.
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For Petitioner : Mr.T.Lajapathy Roy For Respondents : Mr.E.Antony Sahaya Prabahar Addl. Public Prosecutor (for R1 and R2)
ORDER
This petition is filed to quash the show cause notice in A5/MC No. 20 of 2022 (107) dated 31.05.2022 on the file of the first respondent under Section 107 and 111 Cr.P.C.
2.The learned counsel appearing for the petitioners submitted that the impugned notice dated 31.05.2022 under Section 107 Cr.P.C issued under Section 111 Cr.P.C under challenge is void, and the proceedings against the petitioners is nullity and without any jurisdiction as substance of information received as required is incomplete and ambiguous. Notice without substance of information vitiate the proceedings. Failure to comply with the mandatory requirements of Section 111 Cr.P.C vitiates the preliminary order consequently, the proceeding. Hence, the learned counsel pleaded to quash the impugned summons. 2/7
3.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 contended that in the impugned notice, adequate information is given to the petitioners, it is enough to the person notified to defend himself against the allegations. When they had clear notice of the case against them, there may not be any prejudice. Hence, he pleaded to dismiss the original petition.
4.I have considered the matter in the light of the submissions made by the learned counsel for the parties.
5.The impugned notice is ordered by the Sub-Divisional Magistrate on 31.05.2022 under Section 111 Cr.P.C. On perusal of the impugned notice issued under Section 107 and 111 Cr.P.C, it is seen that the proceedings under Section 107 is instituted by a preliminary order under Section 111 Cr.P.C, which shall comply the following conditions:- (i) the order must be written (ii) substance of information against the person must be disclosed (iii) the amount of bond, period for the bond, 3/7
number, character and class of sureties must be disclosed in the preliminary order under Section 111 Cr.P.C 6.The issue of notice under Section 111 Cr.P.C is judicial act, the object behind this notice is being to enable the person to prepare for the defence. After the order is served, an enquiry is to be held under Section 116 Cr.P.C. After concluding enquiry, the Sub-Divisional Magistrate then pass final order. Unless the Sub-Divisional Magistrate place with the mandatory requirements of the provisions of law under Section 111 Cr.P.C, they will have no jurisdiction to direct the person to proceed against to appear before him or to secure their persons for the purpose of enquiry.
7.In the instant case, the impugned show cause notice dated 31.05.2022 mentioning only vague information about the complaint/information given by the Inspector of Police, substance of information received as required is incomplete. Thus, the notice without substance of information nullify the proceeding. The failure to comply with the mandatory requirements of setting forth, the substance of 4/7
information under Section 111 Cr.P.C vitiate the notice/order and consequently, the proceeding would be quashed. 8.Further, a perusal of the impugned show cause notice, it is seen that the Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Tiruenveli called the petitioners to appear certain enquriy on 15.06.2022. Now, the said date is over. Hence, the impugned proceedings is hereby quashed.
9.In the result, the Criminal Original Petition is allowed. The impugned show cause notice in A5/MC No.20 of 2022 (107) dated 31.05.2022 issued by the first respondent, Sub-Divisional Magistratecum-Revenue Divisional Officer, Tirunelveli is hereby quashed. Consequently, connected miscellaneous petitions are closed. 01.07.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order skn 5/7
To 1.The Sub Divisional Magistrate- cum-Revenue Divisional Officer, Tirunelveli.
2.The Inspector of Police, Sivandipatti Police Station, Tirunelveli.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court.
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V.SIVAGNANAM, J.
skn and Crl.M.P(MD)Nos.7460 & 7461 of 2022 01.07.2022 7/7