This Criminal Original petition has been filed challenging the show cause notice issued by the Executive Magistrate under Section 107 of Cr.P.C.
2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal side) appearing for the respondents.
3.Though the petitioner has stated so many things on the merits of the case, the main submission of the learned counsel for the petitioner is about the absence of requirements of
Section 111 of Cr.P.C. It is stated that the impugned notice dated 04.08.2017, does not satisfy the requirements of
Section 111 of Cr.P.C. As per
Section 111, apart from the substance of the information received by the Magistrate, notice should also contain the amount of bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.
4.In the notice impugned in the present petition, except stating that the petitioner is required to appear on 18.08.2017, other ingredients required under Section
111 of Cr.P.C. are not seen. Hence this petition is allowed and the impugned notice dated 04.08.2017 issued by the Executive Magistrate, under
Sections 107 and
111 of Cr.P.C is quashed. However, liberty is given to the first respondent to initiate fresh proceeding, if required, in accordance with law.
7.Accordingly, the Criminal Original petition is allowed.
To
1.The Administrative Executive Magistrate cum Deputy Commissioner of Police (Law and order) Tiruchirapalli City.
2.The Inspector of Police, Woraiyur Police Station, Tiruchirapallli.
3.The Sub Inspector of Police, Sessions Court Police Station, Tiruchirapalli.
.