SANA NADIM PAWASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both the Advocates. The petitioner No. 1, who happens to be a teacher and petitioner No. 2, who happens to be her husband are hereby assailing correctness, propriety and legality of the show cause notice issued to them by Special Executive Magistrate, Dongri Region, Mumbai, in view of provisions of section 11 of Code of Criminal Procedure (hereinafter referred to as Code for convenience ). Shri Ghogre, Counsel appearing for the petitioners submitted that the learned Magistrate did not follow the spirit of the enactment and without applying judicial mind, issued the said notice, which needs to be quashed. He further, submitted that the learned Magistrate has taken the notice of domestic quarrels and decided to ask the petitioner to execute the bond. Therefore, on this ground also the said notice needs to be quashed.

(2.) SHRI Saste made his best to justify the said order.

(3.) WHENEVER, a Magistrate decides to issue a notice in view of provisions of section 111 of the Code, he has to give sufficient idea to the petitioner for knowing the exact nature of apprehension, which is lingering in the mind of the Magistrate in respect of the possibility of breach of public peace. Those instances should be serious enough to really cause a threat to the public tranquility. Domestic quarrels are common with human beings, because, on account of conflict of personalities, there are bound to be bickerings and disputes. Those disputes can be settled in the domestic domain and they generally do not cause any danger to the public peace as such.