An Executive Magistrate must issue a show cause notice under the applicable legal provisions before issuing summons directing a person to execute a bond for good behavior; failure to follow this mandatory procedural requirement renders the summons void.

ORDER

The present petition has been filed seeking to quash a summon issued by the first respondent under Section 132 BNSS.

2. According to the learned Counsel appearing for the petitioner, the summons under Section 132 of BNSS has been issued without issuing any show cause notice as contemplated under Section 126(i) of BNS, 2023. He also relied upon a decision of this Court in Crl.O.P.(MD)No.2153 of 2023, dated

13.02.2023 in support of his contentions.

3. A perusal of the summons clearly reveal that the summons have been issued under Section 132 of BNSS. There is no allegation whatsoever in the summons that despite notice, the petitioner has not chosen to appear. Straightly relying upon L.I.R in LIR No.26 of 2026, the present summons have been issued directing him to execute a bond for a sum of Rs.10,000/-.

4. A judgment of our High Court in Crl.O.P.(MD)No.2153 of 2023 in paragraph Nos.9 to 12 has held as follows:-

“9. As rightly contended by the learned counsel appearing for the petitioner, the Executive Magistrate before ever taking any action under Section 110 Cr.P.C. should issue show cause notice under Section 111 Cr.P.C. setting forth the substance of the information received by him and the amount of bond to be executed and also the duration of the bond and that after issuing show cause notice under Section 111 Cr.P.C., if that person fails to appear for enquiry then he can issue summons under Section 113 Cr.P.C.

10. In the case on hand, as already pointed out, the first respondent, without issuing any show cause notice under Section 111 Cr.P.C., has directly issued the summon under Section 113 Cr.P.C.

11. It is not the case of the respondents that orders has already been passed under Section 111 Cr.P.C.

12. Considering the above, this Court has no hesitation to hold that the impugned summon issued under Section 113 Cr.P.C. directly without following the procedure under Section 111 Cr.P.C. is not good in law and the same is liable to be quashed.”

5. In view of the above said facts, it is clear that the summons being issued without following due process of law and therefore, it is vitiated and liable to be set aside. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are also closed.