Case Note & Summary
The judgment involved multiple criminal writ petitions filed by various petitioners, against the State of Goa and other respondents, challenging show cause notices issued by Executive Magistrates (Deputy Collectors/SDMs) under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners sought to quash these notices and the proceedings initiated thereunder, arguing that the Magistrates lacked jurisdiction as they had not first passed a written order under Section 130 of the BNSS, which requires recording the substance of information received and the opinion on sufficiency of grounds to proceed. The common legal issue across all petitions was whether the Executive Magistrate could validly issue show cause notices under Section 126 without complying with Section 130. The petitioners contended that the proceedings were initiated mechanically without the mandatory written order, rendering them without jurisdiction. They relied on precedents such as Jitendra R. Deshprabhu & Others Vs. Executive Magistrate & Another to support their position. The court, after hearing the learned counsel for the parties and considering the judgments cited, analyzed the requirements under Sections 126 and 130 of the BNSS. It reasoned that the initiation of proceedings under Section 126 is contingent upon the Magistrate first passing an order under Section 130 that sets forth the substance of information and records the opinion on sufficiency of grounds. The court found that the Magistrates had failed to do so, as evidenced by the show cause notices issued directly under Section 126 or, in one case, under Section 130 without the requisite written order. Applying the principles from the cited precedents, the court held that this failure deprived the Magistrates of jurisdiction, making the proceedings invalid. Consequently, the court allowed the petitions, quashing the show cause notices and setting aside the proceedings initiated under Section 126 of the BNSS, thereby granting the relief sought by the petitioners.
Headnote
A) Criminal Procedure - Executive Magistrate's Jurisdiction - Initiation of Security Proceedings - Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 126, 130 - Petitioners challenged show cause notices issued under Section 126 BNSS by Deputy Collectors/SDMs - Court held that proceedings under Section 126 cannot be initiated without first passing a written order under Section 130 recording the substance of information and opinion on sufficiency of grounds - Failure to comply renders proceedings without jurisdiction and notices liable to be quashed (Paras 5-6). B) Criminal Procedure - Judicial Precedent - Binding Authority on Security Proceedings - Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 126, 130 - Petitioners relied on judgments including Jitendra R. Deshprabhu & Others Vs. Executive Magistrate & Another - Court considered these precedents and found them applicable to the present petitions - Held that the issue raised is covered by these judgments, entitling petitioners to relief (Paras 7-10).
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Issue of Consideration: Whether the Executive Magistrate has jurisdiction to issue show cause notices under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 without first passing a written order under Section 130 recording the substance of information and opinion on sufficiency of grounds
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Final Decision
The court allowed the petitions, quashed and set aside the show cause notices issued by the Learned Magistrate, and set aside the proceedings initiated under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023
