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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MOHAMMED SHAFFIQ
Muthukaruppan – Appellant
Versus
Executive Magistrate Cum, Tahsildar, Pudhukottai District – Respondent
| Table of Content |
|---|
| 1. criminal revision petition filed (Para 1 , 2) |
| 2. jurisdiction and authority issues of executive magistrate (Para 3 , 4) |
| 3. analysis of powers of executive magistrates (Para 5 , 6) |
| 4. limitations on executive magistrate's powers (Para 7) |
ORDER :
1. Heard, Mr.M.Dinesh Hari Sudarsan, learned Counsel for the Revision Petitioner and Mr.A.Thiruvadikumar, learned Additional Public Prosecutor for Respondents.
2. This Criminal Revision Petition has been filed challenging the order dated 28.11.2025 passed by Executive Magistrate cum Tahsildar, under Section 141 of BNSS, directing imprisonment of petitioner for breach of bond executed under section 129 of BNSS.
3. At the outset, it was submitted that the impugned order may be bad for want of jurisdiction inasmuch as the Executive Magistrate may not have the jurisdiction nor authority to order imprisonment for breach of bond executed under Section 129 BNSS (110 Cr.P.C).
4. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, would submit that issue is no longer res integra and has been conclusively settled by the Division Bench of this Court in the case of P. Sathish @ Sathish Kumar v. State Rep. by the Inspector of Police ,
Executive Magistrate lacks jurisdiction to detain individuals for bond violations; such authority resides exclusively with Judicial Magistrates under the Code.
The central legal point established in the judgment is that the violation of a bond executed under Section 110 of the Cr.P.C can be dealt with under Section 446 of the Code and not under Section 122(....
The court established that detention under Section 122(1)(b) of the Cr.P.C is not applicable to bonds executed for maintaining good behaviour, only for keeping the peace.
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....
Proceedings under sections 107 to 110 Cr.P.C are judicial in nature, the bar under the proviso to section 6 of the District Police Act, 1859 disentitles the the khaki personnel from exercising judici....
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.
Magistrate's show-cause order under BNSS Sections 126/130 invalid without stating substance of information on breach of peace.
Executive Magistrate exceeded jurisdiction by ordering detention under Section 107 of CrPC, violating Article 21. Illegal detention entitled petitioner to compensation.
Court mandates sufficient factual basis in written orders for peace bond proceedings.
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