The main legal point established in the judgment is that show cause notices issued under Section 107 of Cr.P.C. must adhere to the provisions of law, including Section 107, Section 116, and Form No. XIV of Cr.P.C., and any deviation from these provisions renders the notice illegal and liable to be quashed.

JUDGMENT :

1. The present petition is filed by the petitioner challenging the show cause notice dated 27.01.2021 issued by the Deputy Collector and Sub- Divisional Magistrate, Pernem and for quashing the proceedings in Case No. MAG/107/CRPC/09/2021/290 before the Deputy Collector and Sub- Divisional Magistrate, Pernem.

2. Heard Mr. C.A. Ferreira, the learned Counsel for the petitioner and Mr. S.G. Bhobe, the learned Public Prosecutor for the respondents/State. At the request and by consent of parties, the matter is taken up for final hearing at the stage of admission.

3. The petitioner's case in short is that he is resident of Pirna, Bardez, and founder member of an organisation called “Revolutionary Goans” which has been espousing several issues concerning Goa and Goans. Several Public Interest Litigations are filed by the said organisation. They are also organising series of meetings across Goa by raising social economic issues, environmental matters, etc. Therefore, the organisation also faces false complaints against its members.

4. The petitioner received show cause notice dated 27.01.2021 (Annexure 'A'), requiring petitioner to remain present before respondent no.2 in proceedings initiated under Section 107 Cr.P.C. on a report of respondent no.1. The petitioner also annexed copies of entire record of the said proceedings (Annexure 'B'). It is the contention that the impugned show cause notice is totally without jurisdiction apart from being illegal. It was alleged that meeting held on 23.01.2021 was conducted without obtaining prior permission from the competent authority. The villagers were called to instigate them, to act against orders lawfully promulgated by the public authorities and that hate speech was delivered to instigate the people. However, it was pointed out that there was no order under Section 144 of Cr.P.C. which has been promulgated and it was in force in North Goa at the relevant time.

5. I am not on the merits of the matter. Shri Ferreira, the learned Counsel for petitioner, has drawn my attention to Section 107 of Cr.P.C., which runs as under :

'107 - Security for keeping the peace in other cases.

(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties, for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction."

6. Learned Counsel for the petitioner has also drawn my attention to Section 116 and Form No. XIV. Learned Counsel also relied on various following judgments in support of his contention that the proceeding under Section 107 mandates that it should be held in the manner provided in the Court. Any deviation to the said provisions amounts to illegality and nullity.

1. Madhu Limaye vs. Sub Divisional Magistrate, 1970 (3) SCC 746

2. Dwarkanath Ramchandra Angacherkar vs. State - 1976 SCC Online Bom 162 : 1877 CrLJ 120 (Bom)

3. Sona Khan & Ors. vs. State – (1980) 50 CLT 245

4. Jitendra Deshprabhu vs. Executive Magistrate – 1992 (1) Bom Cr 233

5. Christalin Costa vs. State of Goa – 1993 Mah LJ 422

6. Chandrabhan Dhengle vs Indirabai Dhengle – 1998 (1) Mah LJ 234

7. Surendra Ramchandra Taori vs State of Maharashtra – 2001 SCC Online Bom 571 : (2002) 4 Mah LJ 601 : (2002) 104 (1) Bom LR 34

8.