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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
| Table of Content |
|---|
| 1. petitions challenge s126 notices lacking s130 order. (Para 1 , 2 , 3 , 4) |
| 2. mandatory written order recording information substance required. (Para 5 , 6 , 7 , 8) |
| 3. precedents prohibit mechanical preventive orders. (Para 9 , 10 , 11 , 12) |
| 4. guidelines needed despite urgency claims. (Para 13 , 14) |
| 5. issue settled; cyclostyled notices invalid. (Para 15 , 16) |
| 6. s130 order sine qua non for s126 jurisdiction. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 7. non-conforming notices and proceedings quashed. (Para 24 , 25) |
| 8. petitions allowed without costs. (Para 26 , 27 , 28 , 29) |
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 Executi
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.
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