DA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Legality and propriety of the order dated 15.09.2009 (Annexure P/ 1) passed by IInd Additional District & Sessions Judge (FTC), Janjgir, Chhattisgarh, whereby the petitioner's revision has been dismissed, is under assail in the instant petition.

(2.) Brief facts as projected by the petitioner are that: one S.A. Massey lodged a complaint before the Station House Officer, PS. Janjgir, against the petitioners inter-alia alleging that the petitioners are trying to harass and intimidate the complainant. On the basis of complaint, an enquiry was conducted; statement of certain persons were recorded and having found that the petitioners are likely to commit the breach of the peace and disturb the public tranquility, filed Ishtgasha before the Executive Magistrate, Janjgir. The Executive Magistrate, by order dated 06.04.2009 (Annexure P/2) passed a preliminary order based on information received by him from Station House Officer, PS. Janjgir, and at the same time, also passed order under Section 116(3) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C'); directed the petitioners to furnish personal bond of Rs. 5000/- and surety of like amount, and the matter was fixed for appearance of the petitioners on 22.04.2009. Ultimately, on 22.10.2009 (Annexure R/1), the proceedings were dropped. Order dated 06.04.2009, passed by the Executive Magistrate was challenged by the petitioners before the revisional court and the revisional court vide order impugned dismissed the revision. Hence this petition.

(3.) Shri Sushobhit Singh, learned counsel appearing for the petitioners would submit that the Magistrate without applying its mind and without acting in accordance with the provisions contained in Sections 107, 110, 111 and 116(3) of Cr.PC has passed the order impugned in a stereotype manner which is per se illegal and deserves to be quashed as it casts stigma on petitioner's reputation and character.