SATHI SUNDARESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD Sri P. P. Hegde, learned counsel appearing for the petitioners and Sri. A. V. Ramakrishna, learned HCGP appearing for the respondents and perused the material on record.

(2.) BY the impugned order dated 6/3/2007, passed in MAG. 2/cr/53/06-07, the Taluka executive Magistrate, Moodigere Taluk, has directed the police to detain the petitioners in custody from 6/3/2007 to 12/3/2007 and to produce them before him on 12/3/2007.

(3.) THE provisions of Section 107 of Cr. P. C. will have to be invoked by the Executive magistrate only if he is of the opinion that there is every likelihood of breach of peace. The underlying object of Section 107 of Cr. P. C. is preventive and not penal. The section is designed to enable the Magistrate to take measures with a view to prevent commission of offences involving breach of peace or disturbance of public tranquillity. Wide powers have been conferred on the Magistrates specified in this section and as the matter affects the liberty of an individual who has not been found guilty of an offence, it is essential that the power should be exercised strictly in accordance with law as has been held by the apex Court in the case of Ram Narain Singh v. State of Bihar (1973 (1) SCR 738 ). The provisions of Chapter VIII may be easily made an engine of injustice and oppression and the high Court will exercise closest scrutiny to prevent the same. Section 107 of Cr. P. C. is not intended to afford the police a means of getting hold of a person against whom they cannot foist an offence or to enable them to detain him until they can work out a case against him. Section 107 of Cr. P. C. is mainly intended for persons who are of desperate characters and habitually disturbing the public peace. The proceedings under Section 107 of Cr. P. C. are concerning proper bonds to be taken from the concerned persons by way of security for keeping peace. These proceedings are popularly known as charter proceedings. There is no question of any person being accused of any offence in such proceedings. Definition of the word "offence" as per Section 2 (n)of Cr. P. C. shows that the proceedings under section 107 of Cr. P. C. cannot have anything to do with any accusation regarding any offence as such. It is also necessary to note that the Executive Magistrate in exercise of his power under Section 107 of Cr. P. C. cannot act as Judicial Magistrate.