IN THE HIGH COURT OF BOMBAY AT GOA
AMIT S.JAMSANDEKAR
Chandan Patekar, Son of Dharma Patekar – Appellant
Versus
State Of Goa, Through Public Prosecutor – Respondent
JUDGMENT :
AMIT S. JAMSANDEKAR, J.
1. Heard the Learned Counsel appearing for the Petitioners.
2. Rule. The Rule is made returnable forthwith at the request and by consent of the Learned Counsel for the parties. Mr. Bhobe, the Learned Public Prosecutor and Mr. Faldessai, on behalf of the State, waive service.
3. All the above captioned Petitions raise a common issue pertaining to the requirements of exercising powers under Chapter IX of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS) by the Executive Magistrate. In particular, the issues are raised in respect of the powers conferred on the Executive Magistrate under Section 126, read with Section 130 of the BNSS. All the Petitioners have raised a common issue; therefore, the Petitions are heard together.
4. In all the Petitions, the Deputy Collector, SDO and SDM (the Magistrate) of the respective jurisdictions have issued show cause notices under Section 126 of the BNSS. In one matter [Criminal Writ Petition No. 56 of 2026], the notice issued by the Learned Magistrate mentions that it is a notice under Section 130 of the BNSS. In effect, the Learned Magistrate has invoked the power under Section 126 of the BNSS and called upon
Jitendra R. Deshprabhu & Others Vs. Executive Magistrate & Another
Executive Magistrate must pass written order under Section 130 BNSS setting forth substance of information before issuing show cause under Section 126; mechanical notices insufficient and confer no j....
The court emphasized the necessity for judicial application of mind in issuing notices under preventive sections to protect personal liberty and avoid abuse of process.
Orders related to preventive action require strict adherence to procedural law, including the disclosure of all relevant particulars; failure to do so renders the orders unsustainable.
Compliance with statutory procedures is mandatory in issuing summons under the BNSS, 2023. Failure to issue a prior written order under Section 130 invalidates subsequent actions, ensuring protection....
Mandatory requirements for issuing a show cause notice under BNSS must be strictly adhered to, ensuring the noticee is informed of the substantial grounds.
Breach of peace orders necessitate clear substance in directives as per statutory provisions, lacking which orders can be quashed.
A magistrate must provide substantive information when issuing a bond for keeping the peace, per Sections 126 and 130 of the BNSS.
Failure to set forth substantive information in a preventive bond order renders it invalid, requiring reconsideration under statutory provisions.
The Magistrate's failure to include substantive information in peace bond orders violates statutory mandates, necessitating procedural compliance to uphold public order.
The failure to state the substance of information in a Magistrate's order is a ground for quashing the order under BNSS.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.