Mushtak Patel vs The State Of Madhya Pradesh Dawra ...
2023 Latest Caselaw 1480 MP

                                                              1
                           IN     THE       HIGH          COURT OF MADHYA                     PRADESH
                                                            AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 25 th OF JANUARY, 2023
                                           MISC. CRIMINAL CASE No. 2727 of 2023

                           BETWEEN:-
                           MUSHTAK PATEL S/O SHAFI PATEL, AGED ABOUT 40
                           YEARS, OCCUPATION: AGRICULTURE KHAJRANA .
                           DISTRICT INDORE. (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (SHRI MOHD SHARIF PATEL - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH DAWRA SAHAYAK
                           POLICE AAYUKT AVM VISHESH KARYAPALAK
                           MAGISTRATE PARDESHIPURA, DISTRICT INDORE. .
                           (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                            (SHRI VISHAL PANWAR - PANEL LAWYER)

                                This application coming on for orders this day, the court passed the
                           following:
                                                               ORDER

This is a petition filed under section 482 of the Cr.P.C seeking quashment of

show cause notice dated 14.12.2022, whereby, the applicant has been directed to appear before the Special Executive Magistrate, Pardeshipura, Indore on 11.01.2023. The said show cause notice issued on the basis of Istaghasa filed by the police station and the Magistrate has recorded his satisfaction prima facie for protect of public piece.

Learned counsel for the applicant submits that there are no criminal record of the applicant and the Magistrate has failed to pass any reasonable and speaking order. In support of his submissions, he has placed reliance on the judgment Signature Not Verified Signed by: SOURABH YADAV Signing time: 25/01/2023 5:58:28 PM

passed by the Apex Court in the case of Madhu Mimaye Vs. Sub-Divisional Magistrate reported in (1971) 2 SCR 711 and the order passed by co-ordinate bench of this Court in M.Cr.C No.47106/2022 (Islam and Ors Vs. State of MP).

In the present case, admittedly, no order has been passed by the Magistrate under section 111 of the Cr.P.C. He has issued a show cause notice for executing bond for maintaining piece. Since the present application is filed against the show cause notice, I am not inclined to entertain the same. However, liberty is granted to the applicant to file reply before the concerned authority alongwith relevant record and the said authority shall pass the final order after

considering the reply by reasoned and speaking order. With the aforesaid, the present application stands disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 25/01/2023 5:58:28 PM