SIYA NAND TYAGI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This application u/S. 482, Cr. P. C. (hereinafter referred to as Code) was filed in the Registry on 29-9-92 and has come up before me today. The application was filed in person but the applicant is not present. I have perused the record and have also heard the learned State counsel who agrees that the application may be finally disposed of today.

(2.) By means of this application, the applicant has prayed for quashing of the order dated 30-5-92, purporting to be u/S. 111 of the Code, passed by Sub-Divisional Magistrate, Modinagar in Criminal Case No. 147 of 1992, u/Ss.151, 107, 116 of the Code. The case presents a sorry state of affairs. The order u/S. 111 of the Code has been passed on a printed pro forma which blanks have been filled in by the learned Magistrate, Judicial orders are to be passed after applying mind to the facts and circumstances of the case. I have gone through the printed order passed u/S. 111. It is distressing to note that there is no mention of the substance of information received by the learned sub-Divisional Magistrate on which he took action. Making an order u/S. 111 of the Code is not an idle formality. It should be clear on the face of the order u/S/ 111 that the order has been passed after application of judicial mind. If no substance of information is given in the order u/S. 111 the person against whom the order has been made will remain in confusion. S. 114 of the Code provides that the summons or warrants shall be accompanied by a copy of the order made u/S. 111. This salutary provision has been enshrined in the Code to give notice of the facts and the allegations which are to be met by the person against whom the proceedings u/S. 107 are drawn.

(3.) It is unfortunate that the requirement of S. 107 of the Code that the Executive Magistrate receiving information should be of the opinion that there are sufficient grounds for proceedings under the said section have become a dead letter and are always followed in its breach. It should be borne in mind that the proceedings u/S. 107/ 116 of the Code some times cause irrepareble loss and unnecessary harassment to the public who run to the Court at the costs of their own vacations of life. Unless it is absolutely necessary proceedings u/S. 107/116, Cr. P. C. should not be resorted to, experience tells that proceedings like the one u/S. 107/116 of the Code are conducted in a most lethargic and lackadaisical manner by the learned Executive Magistrate causing harassment to public beyond measure.