Case Note & Summary
The petitioners, three individuals, challenged an order dated 08.01.2021 passed by the Additional Sessions Judge, North Goa at Mapusa in Criminal Revision Application No. 47/2020, which upheld an order of the Deputy Collector & SDM of Valpoi dated 17.09.2020. The SDM had issued a notice under Section 111 CrPC on 11.09.2020 based on a police report dated 04.09.2020, directing the petitioners to show cause why they should not execute a bond of ₹10,000 with one surety to maintain peace for six months. The petitioners appeared and filed their say on 17.09.2020 denying the contents. On the same day, the SDM passed a roznama order concluding the proceedings without conducting any enquiry and directed the petitioners to execute the bond. The petitioners filed a revision before the Sessions Court, which was dismissed. The High Court held that the SDM failed to comply with the mandatory procedure under Section 116 CrPC, which requires an enquiry after the appearance of the person. The court noted that no evidence was recorded, no witnesses were examined, and the order was passed solely on the police report. The High Court quashed the orders of the SDM and the Sessions Court, setting aside the bond requirement.
Headnote
A) Criminal Procedure Code - Preventive Action - Section 111 CrPC - Show Cause Notice - The notice under Section 111 CrPC must contain the substance of information and the amount of bond, but the order directing execution of bond without enquiry is illegal. (Paras 4-6) B) Criminal Procedure Code - Enquiry - Section 116 CrPC - Mandatory Enquiry - After appearance, the Magistrate must conduct an enquiry under Section 116 CrPC, recording evidence if necessary, before passing any final order. Failure to do so vitiates the proceedings. (Paras 7-9) C) Criminal Procedure Code - Bond - Section 117 CrPC - Evidence - The order directing execution of bond must be based on evidence recorded during enquiry, not merely on police report. (Para 8) D) Criminal Procedure Code - Revision - Section 397 CrPC - The revisional court erred in upholding the order without considering the lack of enquiry. (Para 10)
Issue of Consideration
Whether the order passed under Section 111 CrPC directing the petitioners to execute a bond for maintaining peace without conducting any enquiry as required under Section 116 CrPC is sustainable in law.
Final Decision
The High Court allowed the petition, quashed the order dated 08.01.2021 passed by the Additional Sessions Judge, North Goa at Mapusa in Criminal Revision Application No. 47/2020, and set aside the order dated 17.09.2020 passed by the Deputy Collector & SDM of Valpoi. Rule made absolute.
Law Points
- Section 111 CrPC requires a preliminary enquiry before passing a bond order
- Section 116 CrPC mandates enquiry after appearance
- Section 117 CrPC requires recording of evidence
- Section 122 CrPC provides for imprisonment in default
- Section 125 CrPC deals with discharge of sureties
