Court Rules Executive Magistrate Overstepped Jurisdiction, Violating Fundamental Rights
In a significant judgment, the Patna High Court, under the bench of Mr. Jitendra Kumar, J., quashed the proceedings initiated against Lalan Prasad Singh under Section 107 of the Code of Criminal Procedure, 1973 (Cr.PC). The proceedings were originally initiated by the Sub-Divisional Magistrate, Naugachhia, Bhagalpur, based on allegations that Singh harassed Public Distribution System (PDS) dealers and demanded money.
The case, referenced as Criminal Writ Jurisdiction Case No.1119 of 2021, questioned the jurisdiction and appropriateness of initiating proceedings under Section 107 Cr.PC, which are meant to be preventive rather than punitive. The High Court found that the Executive Magistrate had no jurisdiction to initiate such proceedings merely on allegations of substantive offences without specific overt acts that could lead to a breach of public peace and tranquility.
The Court highlighted that Section 107 Cr.PC is designed to prevent potential breaches of peace, not to punish past actions. It emphasized that the jurisdiction under this section is extraordinary and should only be exercised in cases where there is a clear and imminent threat to public order, not in instances where personal disputes or alleged criminal acts are involved.
The judgment also underscored that the initiation of proceedings without proper jurisdiction infringes upon the fundamental right to liberty under Article 21 of the Indian Constitution. The Court maintained that the life and liberty of a citizen cannot be curtailed without due process and inappropriately extended jurisdiction.
Furthermore, the High Court clarified that while alternative remedies under criminal procedure are available, the writ petition was entertained due to the violation of fundamental rights and lack of jurisdiction by the Executive Magistrate. The Court exercised its discretion under Article 226 of the Constitution to issue a writ of certiorari, thereby quashing the proceedings against Singh.
This judgment not only resolves the specific case of Lalan Prasad Singh but also serves as a precedent for the exercise of jurisdiction by Executive Magistrates, ensuring that proceedings under Section 107 Cr.PC are not misused for punitive purposes.
The Court directed the Registrar General to circulate the judgment among Executive Magistrates in Bihar to prevent misuse of Section 107 Cr.PC in the future.
Bottom Line:
Proceedings under Section 107 of the Code of Criminal Procedure, 1973 are preventive in nature and cannot be initiated for punitive purposes or in the absence of allegations of overt acts that may lead to a breach of public peace or tranquility.
Statutory provision(s):
- Section 107 of the Code of Criminal Procedure, 1973
- Article 21 of the Constitution of India, 1950
- Article 226 of the Constitution of India, 1950
Lalan Prasad Singh v. State of Bihar, (Patna) : Law Finder Doc id # 2879596
