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K.LAKSHMAN
Reddygari Srinivas Reddy – Appellant
Versus
State of Telangana, rep. by its Principal Secretary (Home Department), Secretariat, Hyderabad – Respondent
ORDER:
This Writ Petition is filed under Article - 226 of the Constitution of India to declare the proceedings in Crime No.99 of 2020 pending on the file of Dhanwada Police Station, Narayanapet District for the offence under Section - 110 (e) of the Code of Criminal Procedure, 1973 (for short ‘Code’) as illegal and to set aside the same.
2. Heard Mr. Katika Ravinder Reddy, learned counsel for the petitioners and the learned Government Pleader for Home & Law. Perused the record.
3. Respondent No.3 - Station House Officer, Dhanwada Police Station, Narayanapet District, has registered a case in Crime No.99 of 2020 for the offence under Section - 110 (e) of the Code against the petitioners herein. In the FIR, it is mentioned that the petitioners herein are having disputes with their relative, Mr. Nagi Reddy S/o Basireddy, in respect of agricultural land situated at Gotur, shivar of Dhanwada. In the said connection, respondent No.3 has received six petitions, out of which, he has registered two crimes on two petitions, one was refused as petty case and other three petitions were closed stating that they are ‘civil in nature’. Instead of solving civil disputes, the petitioners are creating
Executive Magistrate cannot pass any order, once there is anything to say that prima facie, any person in possession and once there is a civil matter pending.
Proceedings under Section 111 of the Cr.P.C. must be based on fresh material or occurrence to affect breach of peace, and cannot be initiated without any such material or occurrence.
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.
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....
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....
An Executive Magistrate can initiate proceedings under S. 107 Cr.P.C. without a prior incident if there is a likelihood of a breach of peace.
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