PRAHLAD PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) On receiving the report of the Station House Officer, Police Station Sarangarh, under Section 110 of the CrPC in the Court of Sub Divisional Magistrate, Sarangarh, the special Court took cognizance of the matter and passed a preliminary order dated 21-2-2017 that preventive proceeding under Section 110 read with Section 116(3) of the CrPC deserves to be initiated against the petitioner requiring him to show cause under Section 111 of the CrPC as to why bond should not be executed by him for a period of one year, which the petitioner questioned unsuccessfully before the revisional court in revision leading to filing of this petition under Section 482 of the CrPC.

(2.) Mr. Koshaley, learned counsel for the petitioner, submits that the petitioner is only said to have committed offence under the Excise Act in the years 2001, 2010 and 2016, it would not attract Section 110 of the CrPC and the petitioner was unnecessarily arrested, therefore proceeding initiated under Section 111 of the CrPC and the subsequent proceeding deserves to be quashed.

(3.) Mr. Bhagat, learned State counsel, would support the revisional order.