Case Note & Summary
The petitioner, Mujibur Rehman Abdul Ganikhan, challenged a show cause notice issued under Section 110(g) of the Code of Criminal Procedure, 1973 (CrPC) by the Special Executive Magistrate, Pydhoni Division, Mumbai. The notice was based on a single incident and did not allege that the petitioner was a habitual offender. The petitioner argued that Section 110(g) requires the person to be a habitual offender, and a solitary incident cannot justify the demand for a bond for good behaviour. The State of Maharashtra and the police respondents opposed the petition. The Bombay High Court, relying on the Supreme Court decision in Gopalanachari v. State of Kerala (1980 Supp SCC 649) and its own Division Bench decision in Santosh Vishwanath Shinde v. J.R. Sangam, Assistant Commissioner of Police (1995(1) Crimes 571), held that the provisions of Section 110(g) must be read with the other clauses of Section 110 and Section 109 CrPC. The court found that the show cause notice did not disclose any habitual offending and therefore the exercise of power under Section 110(g) was not warranted. The court quashed the show cause notice and allowed the petition.
Headnote
A) Criminal Procedure - Preventive Detention - Section 110(g) CrPC - Habitual Offender - Show cause notice under Section 110(g) CrPC must disclose that the person is a habitual offender; a single incident is insufficient to invoke the provision. The court quashed the notice as it did not allege habitual offending. (Paras 1-3)
Issue of Consideration
Whether a show cause notice under Section 110(g) of the Code of Criminal Procedure, 1973 can be sustained when it discloses only a single incident and does not allege that the person is a habitual offender.
Final Decision
The petition is allowed. The show cause notice under Section 110(g) CrPC is quashed. Rule made absolute.
Law Points
- Section 110(g) CrPC requires habitual offender status
- single incident insufficient
- show cause notice must disclose habitual nature
Case Details
2005 LawText (BOM) (02) 269
Criminal Writ Petition No.336 of 2005
R.M.S. Khandeparkar, P.V. Kakade
Shri Subhash Jha with Shri G.D. Upadhyay i/b Law Global for petitioner, Shri B.H. Mehta, APP for Respondent Nos.1 to 3
Mujibur Rehman Abdul Ganikhan
The State of Maharashtra, The Sr. Inspector of Police, L.T. Marg Police Station, Mumbai, The Special Executive Magistrate, Pydhoni Divn., Mumbai
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Nature of Litigation
Criminal writ petition challenging a show cause notice under Section 110(g) CrPC.
Remedy Sought
Quashing of the show cause notice issued under Section 110(g) CrPC.
Filing Reason
The show cause notice was based on a single incident and did not allege that the petitioner was a habitual offender, which is a prerequisite for action under Section 110(g) CrPC.
Issues
Whether a show cause notice under Section 110(g) CrPC can be sustained when it discloses only a single incident and does not allege that the person is a habitual offender.
Submissions/Arguments
Petitioner argued that Section 110(g) requires the person to be a habitual offender; a solitary incident cannot justify the notice.
Respondents opposed the petition, but no specific arguments are recorded in the judgment.
Ratio Decidendi
Section 110(g) CrPC must be read with other provisions of Section 110 and Section 109 CrPC. The power under Section 110(g) can be exercised only against a habitual offender, and a single incident disclosed in the show cause notice does not warrant such action.
Judgment Excerpts
The petitioner challenges the Show Cause Notice issued under Section 110(g) of the Code of Criminal Procedure solely on the ground that the sole incident disclosed in the show cause notice nowhere reveals that the Petitioner is a habitual offender which is otherwise prerequisite for the exercise of powers under Section 110 by the Authority to enable it to call the Petitioner to execute Bond assuring good behaviour.
Procedural History
The petitioner filed Criminal Writ Petition No.336 of 2005 before the Bombay High Court challenging a show cause notice issued under Section 110(g) CrPC. The court heard the matter and delivered judgment on 16th February 2005.
Acts & Sections
- Code of Criminal Procedure, 1973: 110(g), 109, 110
