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Rajiv (Legal)     04 May 2023

Draft objection against notice u/s 111 crpc

Dear members,

Please provide draft objection against notice u/s 111 crpc issued by executive magistrate for submitting personal bond and 2 sureties u/s 107/116 crpc. I don't want to submit personal bond and sureties and want contest the case becoz police given wrong information to executive magistrate.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     04 May 2023

Before going to section 111 of Section it is pertinent to know what action prompted to invoke section 111 cr.p.c., hence it is important to note the provisions of section 110 cr.p.c:

Section 110 of the Code mandates security for good behaviour from habitual offenders. It appears that where the Executive Magistrate receives information that there is within his local jurisdiction a person who is habitual of committing offence, the Magistrate, in the manner provided, requires such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.

Section 111 provides that when a Magistrate acting under Section 110 deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.

 

Therefore you may go throuigh the show cause notice and give reply accordingly, if you are not aware of the contents that is  to be written, you may take the assistance of a local lawyer and move on. 

1 Like

Adv. Mohit Chahal (Advocate)     05 May 2023

Dear Querist

There is no fixed format of filing objection/reply.

Further that reply to show cause notice issued u/s 111 CrPC for submitting bond u/s 107/116 CrPC requires utmost drafting skills with knowledge of relevant laws and detailed true facts about the alleged incident qua breach of the peace or disturbance of the public tranquility.

You need to hire professional services of a lawyer for drafting case based reply in your matter to protect your rights and to get you free from legal formalities without inquiry u/s 116 CrPC. If you wish you can hire my professional legal services to save you from problem without submitting bonds before executive magistrate.

Feel free to contact for further clarifications.

Regards
Mohit Chahal
Advocate
WhatsApp No. 9968911099

https://mohitchahaladvocate.business.site


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1 Like

Dr J C Vashista (Advocate)     05 May 2023

Very well analysed, opined and advised by experts, I agree there is no performa for raising an objection against notice u/s 111 CrPC.

It is better to consult and engage a local prudent lawyer for proper advise and necessary proceedings 

P. Venu (Advocate)     05 May 2023

Yes, the matter requires professional consultation.


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