Nothing is more precious than the personal liberty and reputation of a person, observed Allahabad High Court while putting a stay on show-cause notice issued by Sub- Divisional Magistrate to one Noor Alam under Section 111 of the Code of Criminal Procedure, 1973. A Single Judge Justice Mohd. Faiz Alam Khan stayed the notice, which had some strong observations against Alam.
“It is to be understood by one and all that there cannot be anything precious than the personal liberty as well as the reputation of a person”, the order said.
Case of the Petitioner
The counsel for the petitioner, Noor Alam submitted that on the basis of single case under Section 323, 504, and 506 of the Indian Penal Code, the Magistrate had invoked the provisions of Section 111Cr.P.C. It was further submitted that the SDM had also directed Alam to show cause as to why he be not directed to furnish sureties of the amount of Rs. 50,000 and personal bond to keep the peace for the next three years.
Case of the Respondent
On the other hand, the Additional Government Advocate submitted that SDM concerned had only issued a notice and simply a direction has been given to the applicant to appear before the Magistrate for the purpose of filing sureties and personal bond. Therefore, the applicant “could not be deemed to have adversely affected by the same as it is a matter of law, order and peace”.
Observation of the Court
The Court stated that there can be no doubt in the proposition that summoning of a person by a criminal court is a very solemn matter. Reliance was placed on Madhu Limaye v. Sub-Divisional Magistrate, Monghyr, and others where it was observed that,
“since the person to be proceeded against has to show cause, it is but natural that he must know the grounds for apprehending a breach of the peace or disturbance of the public tranquility at his hands”.
The Court said that the notice was an example of sheer non-applicant of mind by the SDM as there was no basis to reach the conclusion the Magistrate had against the petitioner. Accordingly, the proceedings before the lower court stayed and AGA was directed to file a counter affidavit in the matter.
Case Details
Before: Allahabad High Court
Case Title: Noor Alam v. the State of UP
Coram: Hon’ble Mohd. Faiz Alam Khan
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