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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR, J.
Dhinesh - Appellant
Versus
The II Class Executive Magistrate and Tahsildar - Respondent
Crl.R.C.(MD)No.864 of 2024, Crl.O.P.(MD)Nos.13186, 14018, 14638, 15206, 15209, 15222, 15297, 15625, 17246, 17472, 17514, 17535,17856 and 18760 of 2024 and Crl.M.P.(MD)Nos.9519, 8098, 8676, 9137, 9514, 9515, 9520, 9584, 9796, 9801, 10784, 10864, 10919, 10920, 10938, 11026 and 11635 of 2024
Decided on : 03-01-2025
Advocate Appeared :
For the Petitioner : Mr.D.Venkatesh
For the Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
| Table of Content |
|---|
| 1. procedural context of multiple criminal petitions. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. overview of relevant legal provisions under bnss and crpc. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 3. court's scrutiny on the procedural validity of summons. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 4. final order setting aside previous summons. (Para 40 , 41) |
ORDER :
K.MURALI SHANKAR, J.
Crl.R.C.(MD)No.864 of 2024 - This Criminal Revision Petition is directed against the proceedings in M.C.No.57 of 2024 dated 16.08.2024 on the file of the first respondent under Sections 136 BNSS r/w 129 BNSS , consequent to the requisition made in LIR No.32 of 2024 dated 06.08.2024 by the second respondent for initiating action under Section 129 BNSS .
2. Crl.O.P.(MD)No.13186 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.70 of 2024 dated 13.03.2024 on the file of the first respondent, consequent to the requisition made in LIR No.15 of 2024 dated 03.03.2024 by the second respondent for initiating action under Section 110 CrPC.
3. Crl.O.P.(MD)No.14018 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.(A3)376/4607/2024 dated 08.08.2024 on the file of the first respondent, consequent to the letter dated 08.08.2024 sent by the second respondent for initiating action under Section 129 BNSS .
4. Crl.O.P.(MD)No.14638 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.251 of 2024 dated 09.08.2024 on the file of the first respondent, consequent to the requisition made in LIR No.53 of 2024 dated 28.06.2024 by the second respondent for initiating action under Section 129 BNSS .
5. Crl.O.P.(MD)No.15206 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.(A3)429/5366/2024 dated 28.08.2024 on the file of the first respondent, consequent to the letter dated 27.08.2024 sent by the second respondent for initiating action under Section 129 BNSS .
6. Crl.O.P.(MD)No.15209 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.264 of 2024 dated 21.08.2024 on the file of the first respondent, consequent to the requisition made in LIR No.12 of 2024 dated 13.08.2024 by the second respondent for initiating action under Section 129 BNSS .
7. Crl.O.P.(MD)No.15222 of 2024 - This Criminal Original Petition is directed against the summons issued in Case No.A3/MC/110/2024 dated 03.09.2024 on the file of the first respondent, consequent to the requisition made in LIR No.33 of 2024 by the second respondent for initiating action under Section 129 BNSS .
8. Crl.O.P.(MD)No.15297 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.268 of 2024 dated 21.08.2024 on the file of the first respondent, consequent to the requisition made in LIR No.16 of 2024 dated 13.08.2024 by the second respondent for initiating action under Section 129 BNSS .
9. Crl.O.P.(MD)No.15625 of 2024 - This Criminal Original Petition is directed against the show cause notice issued in A1/ BNSS .129/209/ 2024 dated 19.08.2024 on the file of the first respondent for initiating action under Section 129 BNSS .
10. Crl.O.P.(MD)No.17246 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.55 of 2024 dated 25.09.2024 on the file of the first respondent, consequent to the requisition made in LIR No.21 of 2024 by the second respondent for initiating action under Section 128 BNSS .
11. Crl.O.P.(MD)No.17472 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.03 of 2024 dated 19.09.2024 on the file of the first respondent, consequent to the letter sent by the second respondent for initiating action under Section 126 BNSS .
12. Crl.O.P.(MD)No.17514 of 2024 - This Criminal Original Petition is directed against the enquiry notice i
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.
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....
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.
The Magistrate's failure to include substantive information in peace bond orders violates statutory mandates, necessitating procedural compliance to uphold public order.
Magistrate's show-cause order under BNSS Sections 126/130 invalid without stating substance of information on breach of peace.
Mandatory requirements for issuing a show cause notice under BNSS must be strictly adhered to, ensuring the noticee is informed of the substantial grounds.
Court requires substantive information for orders under BNSS to ensure legality and justification.
Court mandates sufficient factual basis in written orders for peace bond proceedings.
A magistrate must provide substantive information when issuing a bond for keeping the peace, per Sections 126 and 130 of the BNSS.
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