[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court

Justice A. Badharudeen observed thus:

“it is the mandate that whenever a Magistrate intents to proceed acting under section 107, section 108, section 109, or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the 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 and without furnishing such details, the order will be non-est. Therefore, the order is liable to be set aside.”

Section 111 CrPC provides that when Magistrate issues show cause notice to parties for security for keeping peace and good behavior, such written order must contain the substance of information received for which order was issued, amount of bond to be executed, bond period, number, character and class of sureties if any required.

The Court made the following observation in a criminal miscellaneous petition filed by the petitioner for quashing the summons issued to him under Section 107 CrPC, for not following the mandate under Section 111 of CrPC.

The Court found that the summons issued to the petitioner for show cause did not contain the details mentioned under Section 111 of CrPC and was therefore liable to be set aside.

“Therefore, the non-compliance of Section 111 of Cr.P.C. is vivid and the order which doesn't contain the above details cannot sustain in the eye of law.”

Counsel for the petitioner: Advocates M.T.Sureshkumar, Smitha Philipose, Darsan Somanath, Manjusha K and Sreelakshmi Sabu

Counsel for the respondent: Senior Public Prosecutor Renjith George

Citation: 2023 LiveLaw (Ker) 466

Case title: Ismail Sahib V State of Kerala

Case number: CRL.MC No. 735 Of 2022