JAGDIP Vs. STATE

JUDGEMENT

(1.) On the basis of Report of the S.H.O. Police Station Adarsh Nagar, Sh. S. B. S. Tyagi, Spl. Executive Magistrate, vide its order dated 29-10-1986 issued notices u/s. 107/151 Cr. P. C. to the petitioners Jagdip and Mohinder Kumar to show cause by 7-11-1986 as to why they be not ordered to execute a personal bond in the sum of Rs. 5000.00 with one/two sureties in the like amount for keeping peace for a period of one year. The petitioners by way of filing the Cr. M(M) 1654/86 have Rprayed for the quashing of the said notices. While admitting the petition, on 6th November, 1986, further proceedings in the court below, were stayed.

(2.) Subsequently, on another report of the S. H. O. of the said Police Station, the petitioners were again required to show cause by 26th December, 1986 as to why they be not ordered to execute a personal bond in the sum of Rs. 5000.00 with three sureties by the order of Shri Tyagi, Special Executive Magistrate dated 16th December, 1986. The petitioners challenged this notice by moving Cr. M(M) 1981/86. This Court, however, directed the petitioners to execute one surety in place of three in the sum of Rs. 5000.00 .

(3.) Feeling frustrated in their attempt to bind down the petitioners, the Police authorities thought it fit to initiate proceedings under the Delhi Police Act for their extemment from the Union Territory of Delhi. Notice u/s. 50 of the Delhi Police Act was issued by the D. C. P. (North). Alongwith the notice non-bailable warrants for the arrest of the accused were also issued. This order is the subject-matter of Cr. M(M) 1970/76. The execution of the wrants were stayed at the time of admission of the petitions.