Point of Law: Show cause under Section 111can be issued only after an order is made in writing by the SubDivisional Magistrate, setting forth the substance of the information received etc.

JUDGMENT :

By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for the following relief:

“It is, therefore, respectfully prayed that after calling for the total record of the Courts below, the petition may kindly be allowed and after setting aside the order dated 22.09.2021, as passed by the Ld. Additional Sessions Judge, Sarkaghat in Criminal Rev. No.03/2019, whereby the Order passed by the learned SubDivisional Magistrate, Dharampur, District Mandi, H.P. dated 11.12.2018, titled as State Versus Narinder Pal & others has been affirmed may kindly be set aside and quashed, in the interest of justice and fair play.”

2. In terms of order dated 15.12.2021, respondent No.2 was proceeded against ex parte and State of Himachal Pradesh was ordered to be deleted as party respondent and Superintendent of Police, Mandi, District Mandi, H.P. was ordered to be impleaded as respondent.

3. The case of the petitioner is that a complaint bearing No. PC/Misc./2018-16-15 dated 16-11-18, PC/MCS/2018-16-14 dated 16-11-18 filed by Sh. Ludar Singh, Village Bhedi, P.O. Sajao Piplu, Tehsil Dharampur, District Mandi, H.P. was received at Police Station Dharampur, District Mandi, H.P. from Superintendent of Police, District Mandi, H.P. The investigation in the complaint was conducted by the Assistant SubInspector and statements of respondent Ludar Singh and his family per the complainant Ludar Singh, when he was in Indian Army, was allotted 10/½ bighas of land by the Army through Government of Himachal Pradesh, after long legal battle. On account of this, the present petitioner was keeping grudge with the complainant and his family. The boundaries of the land of the complainant were being interfered with by the present petitioner who was also using filthy language against the family members of the complainant and threatening to do away with their lives.

4. After investigation was carried out on the said complaint, the Incharge of the Police Station filed a Kalandra under Sections 145/146/107 of the Code of Criminal Procedure before SubDivisional Magistrate, Dharampur, District Mandi, H.P.. This lead to issuance of order of summoning, dated 11.12.2018, by SubDivisional Magistrate. As per the petitioners, this order was bad in law as the same was not inconformity with the statutory provisions. Feeling aggrieved the petitioner filed a Criminal Revision, i.e. Criminal Revision No.03 of 2019, in the Court of learned Additional Sessions Judge, Sarkaghat, District Mandi, H.P., however, the same was dismissed by the said Court, which has led to the filing of the present petition.

5. Shri J.L. Sharma, learned counsel for the petitioners has submitted that the impugned orders are not sustainable in the eyes of law for the reason that while issuing notice to the petitioners under Section 111 of the Code of Criminal Procedure, learned SubDivisional Magistrate, Dharampur did not follow the statutory provisions as they stand contained in Sections 107, 111 and 112 etc. and for this reason the summoning order dated 11.12.2018 was bad in law. He further submitted that in revision this extremely important aspect of the matter was completely ignored by the learned Revisional Court while dismissing the revision filed by the petitioner and therefore, the order so passed by the learned Revisional Court was also perverse and not sustainable in the eyes of law.

6. On the other hand, learned Additional Advocate General argued that there was no infirmity either in the summoning order or in the order vide which the Revision Petition of the petitioners was dismissed by the learned Court below for the reason that the procedure prescribed was duly followed while issuing the summoning order and the reasons as to why the Criminal Revision filed by the present petitioners was dismissed are clearly borne out from the order. On these basis, he submitted that the petition being devoid of any merit be dismissed.

7. Having heard learned co