The judgment emphasizes the need for a reasoned order and compliance with procedural safeguards, even in administrative matters.

JUDGMENT :

1. Heard Mr. Piyush Kant Vishwakarma, learned counsel for the applicants and Mr. Pankaj Srivastava, learned A.G.A. for the State as well as perused the entire material available on record.

2. This application under Section 482 Cr.P.C. has been filed to quash the notice dated 22nd December, 2021 under Sections 107/116/111 Cr.P.C. issued against the applicants and the consequential orders passed by the Sub-Divisional Magistrate, Mariahu, District-Jaunpur.

3. Relevant facts of the present case are that the dispute relates to land bearing new Araji No. 198A (old Gata/Araji No. 215/2) area 20 decimal situated in Village-Ahirauli, Paragana and Tehsil Mariahu, District-Jaunpur, which has been old Abadi of applicants' grandfather, namely, Bhagi in which kachcha house of the applicants' grandfather was built and trees were also planted by the grandfather of the applicant over the same land. During consolidation operation in the aforesaid village, the said land being Abadi land (residential land) was out of consolidation proceeding and was recorded in the name of descendants of Bhagi i.e. grandfather of the applicants, namely, Ramshiroman and others, which is evident from C.H. Form 41 and 45, a copy of which has been enclosed as Annexure-1 to the affidavit accompanying the present applicant.

4. When, Rama Shankar Patel and Ram Achal Patel, sons of Jharihag resident of the same village, who are not descendants of Bhagi, were cutting trees and making pakka house over the said land, the applicants objected, due to which, the Police of Police Station-Mariyahu, District-Jaunpur has submitted a Chalani report dated 26th November, 2021 under Sections 107/116 Cr.P.C. against the applicants, a copy of which has been enclosed as Annexure-3 to the affidavit accompanying the present application. By means of Chalani report dated 26th November, 2021, it was stated that due to dispute with respect to Abadi land, there is litigation between the parties, who may commit an act, which will lead to disturbance. As a result, there is every possibility of breach of peace on account of the applicants.

5. Upon the aforesaid Chalani report, a Case No. 5164 was registered and the Sub-Divisional Magistrate, Mariahu, Jaunpur issued impugned notice dated 22nd December, 2021 under Section 107/116/111 Cr.P.C. requiring the applicants to show cause as to why they would not be directed to furnish personal bonds of Rs. 50,000/-each for maintaining peace for a period of six months.

6. The objection raised by counsel for the applicant is that impugned notice has been issued without application of mind and notice is vague and ambiguous. Only on the basis of Chalani report, the Sub-Divisional Magistrate has issued the same and he has not recorded his prima facie satisfaction as to why and how, the applicants may be threat for breach of peace. In the impugned notice, no prima facie direct or indirect evidence has been mentioned on the basis of which it can be said that there is apprehension of breach of peace from the applicants due to dispute of residential land. Learned counsel for the applicants, therefore, submits that proceeding on the basis of said notice is a nullity. Reliance has been placed on a number of decisions of this Court in the case of Ranjeet Kumar and others Vs. State of U.P. and others reported in 2002 (45) ACC 627, wherein it has been held that Upper City Magistrate has no jurisdiction or authority to proceed on the basis of this void notice.

7. Similar view has been expressed in the case of Aurangzeb and others State of U.P. and another reported in 2004 (50) ACC 734. Paragraph of the said decision is quoted below:

"It is submitted that notice under challenge is void and proceedings against the applicants are nullity without jurisdiction as substance of information received as required is incomplete, vague and ambiguous and notice is only defective. It is also submitted on report of police on 21.6.2004, a notice under Section 111 Cr.P.C. to initiate p