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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ajay Thakur – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. sdm issued notices under bnss s126/111 on peace breach apprehension. (Para 1 , 2 , 3 , 5) |
| 2. petitioner alleges arbitrary proceedings; respondents assert valid credible information. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. private quarrels do not justify preventive peace bond proceedings. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. section 111 order must detail bond amount, period, sureties. (Para 19 , 20 , 21 , 22) |
| 5. preventive action not based on past firs or crimes. (Para 23 , 24) |
| 6. magistrate cannot supplement order reasons via affidavit. (Para 25 , 26) |
| 7. impugned sdm order set aside for lack of jurisdiction. (Para 27 , 28 , 29) |
JUDGMENT :
Rakesh Kainthla, J.
The present petition is directed against the order dated 30th January 2025, passed by the learned Sub Divisional Magistrate (SDM), Amb, District Una, H.P.
2. Briefly stated, the facts giving rise to the present petition are that the police filed a complaint under Sections 126 and 169 of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, against Darshan Singh and Parikshit Thakur. It was asserted that Parikshit Thakur and Darshan Singh had attacked the informant, Kamlesh Kumari, with a darat on 30th October 2024. They abuse
Preventive proceedings under Section 126 BNSS inapplicable to private land disputes lacking threat to public tranquillity; Section 111 order invalid without detailing information substance, bond amou....
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.
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....
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....
A preliminary order under Section 107 requires clear evidence of imminent threat to public peace, not merely past criminal involvement.
The court emphasized that a conditional order under Section 133 of Cr.P.C. is mandatory for initiating proceedings, and failure to comply renders subsequent actions invalid.
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.
The main legal point established in the judgment is the requirement for the SEM to form an independent opinion based on a preliminary enquiry before issuing a notice under Section 107 Cr.P.C. in land....
A public servant, while discharging official duties, cannot be prosecuted without prior sanction; allegations lacking credible evidence, particularly injury, support quashing criminal proceedings.
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