The Allahabad High Court has declared the notice issued under Section 111 of the Criminal Procedure Code (CrPC) by the Sub-Divisional Magistrate (SDM) of Sadar, Banda, as illegal and void.
The court found that the magistrate did not act judicially in the matter.
This ruling came in response to a petition filed by Advocate Chandra Bhan Singh.
The dispute arose over the alleged division of land belonging to a Shiva temple.
The Incharge of Tenduwari police station had submitted a report indicating a potential breach of peace.
Following this, the SDM issued a notice on 21 February 2024, directing the petitioner to show cause why a personal bond of Rs 50,000 and two sureties should not be required for maintaining good behavior.
The petitioner challenged the validity of the Section 111 notice in the High Court, arguing that the notice lacked detailed information from the police report and failed to provide full facts.
The petitioner contended that the magistrate did not record any satisfaction regarding the police report and did not comply with the conditions set out under Section 111.
Upon reviewing the case, the court found that while the notice referred to a potential breach of peace, it did not provide any reasons for the action.
The magistrate had not recorded any satisfaction before issuing the notice under Section 111 and had not acted in a judicial manner.
Consequently, the court deemed the notice invalid and set it aside.
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