Case Note & Summary
The petitioner, Ruben Franco, challenged a notice dated 6/01/2017 issued under Section 111 of the Code of Criminal Procedure, 1973 by the Deputy Collector & Sub-Divisional Magistrate, Mapusa (respondent no.3). The petitioner alleged that the notice was politically motivated, issued at the behest of the ruling MLA whom the petitioner had opposed during Assembly Elections. The notice was printed on a proforma without recording reasons, contained vague apprehensions and allegations, and showed non-application of judicial mind. The petitioner also contended that the order and notice were not served in accordance with law. The High Court of Bombay at Goa, after hearing the parties, found that the notice was indeed issued on a printed proforma without recording reasons and contained vague allegations. The court held that such a notice is not sustainable in law as it violates the mandate of Section 111 CrPC which requires the Magistrate to record reasons and set forth the substance of information. The court quashed the notice and allowed the petition.
Headnote
A) Criminal Procedure - Preventive Action - Section 111 CrPC - Notice Validity - Notice under Section 111 CrPC must be based on reasons recorded by the Magistrate and must contain the substance of information received - Use of a printed/cyclostyled proforma without recording reasons and with vague allegations shows non-application of judicial mind and renders the notice invalid - Held that such notice is liable to be quashed (Paras 3-5).
Issue of Consideration
Whether a notice under Section 111 of the Code of Criminal Procedure, 1973 issued on a printed proforma without recording reasons and containing vague allegations is valid in law
Final Decision
Petition allowed. Notice dated 6/01/2017 under Section 111 CrPC quashed.
Law Points
- Section 111 CrPC requires recording of reasons before issuing notice
- notice must contain substance of information
- use of printed proforma without application of mind invalidates notice
- vague allegations not sufficient
