Mammu Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 4560 MP

                                                                     1
                                   IN       THE    HIGH       COURT OF MADHYA                        PRADESH
                                                                AT INDORE
                                                             BEFORE
                                             HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                        ON THE 23 rd OF MARCH, 2023
                                                  MISC. CRIMINAL CASE No. 2738 of 2023

                                   BETWEEN:-
                                   1.    MAMMU PATEL S/O LATE SATTAR PATEL, AGED
                                         ABOUT 63 YEARS, OCCUPATION: AGRICULTURE
                                         576, PATEL MOHALLA, KHAJRANA, INDORE
                                         (MADHYA PRADESH)

                                   2.    LATEEF PATEL S/O SATTAR PATEL, AGED ABOUT
                                         45 YEARS, OCCUPATION: AGRICULTURE 576,
                                         PATEL MOHALLA, KHAJRANA, INDORE (MADHYA
                                         PRADESH)

                                                                                                 .....PETITIONERS
                                   (NONE FOR APPLICANT)

                                   AND
                                   THE STATE OF MADHYA PRADESH THROUGH
                                   SAHAYAK AYUKT EVM     VISHESH KARYPALAK
                                   MAGISTRATE PARDESHIPUR,   INDORE (MADHYA
                                   PRADESH)

                                                                                                 .....RESPONDENT
                                    (GOVT. ADVOCATE FOR THE STATE )

                                    (SHRI BHUPENDRA SINGH, ASSTT.COMMISIONER OF POLICE,
                                    PARDESHIPURA (URBAN) IS PRESENT.

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

In the instant petition a challenge has been made to the notice issued under section 111 of Cr.P.C. to furnish personal security bond to maintain public peace.

The order has been challenged mainly on the ground that same has been Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 24-Mar-23 11:00:56 AM

passed mechanically only on the basis of police report of Incharge Thana without recording satisfaction for material for issuance of notice. In support of the aforesaid contention, reliance has been placed on the judgment passed by the Apex Court in the case of Madhu Limaye Vs. Sub Divisional Magistrate, Monghyr and others, (1970) 3 SCC 739 and also on a order passed by co-ordinate Bench in M.Cr.C.No.47106 of 2022 (Islam and others Vs. State of Madhya Pradesh) dated 9.12.2022.

Counsel for the State on instructions submits that impugned notice shall be withdrawn and a fresh notice shall be issued in accordance with law and no action shall be taken in pursuant to the impugned notice.

In view of aforesaid, the present petition is allowed. The impugned notice is quashed.

Liberty is granted to the respondent to issue fresh notice in accordance with law.

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 24-Mar-23 11:00:56 AM