In the case of Noor Alam Khan v. State of Uttar Pradesh , Justice Mohd. Faiz Alam Khan of the Allahabad High Court held that the reputation of a person is of utmost importance.
Noor Alam had challenged the order under Section 111 of the CrPC, issued by the Sub Divisional Magistrate (SDM), Sadar, Bahraich, arguing that the order of the SDM clearly showed non-application of mind, and was a clear abuse of the process of law as there was no relevant material before the SDM to issue that order.
Justice Faiz observed that the matter pertained to a private dispute of criminal nature, and from a private dispute there was no connection to public tranquillity being disturbed.
It was also noted that very strong language had been used by the SDM calling the accused a ‘habitual offender’, and this was clearly not acceptable to the High Court as it was noted that the accused was involved in only one criminal case.
The High Court stayed proceedings, till the State of UP furnishes counter-affidavit to be filed till September 8, 2021.