TARA CHAND Vs. STATE

JUDGEMENT

(1.) On behalf of Tara Chand of Kucha Dakhini Rai, Darya Ganj, Delhi, a petition was submitted for quashing an order passed by Shri Omesh Sehgal, Sub-divisional Magistrate, Delhi, under section 117(3) of the Code of Criminal Procedure (hereinafter referred to as "the Code"). By that order the petitioner was directed to execute a personal bond in the sum of Rs. 5,000.00 with two sureties in the like amount, for keeping peace until the conclusion of inquiry in connection with a report against him under section 107 of the Code.

(2.) It was stated in the petition that the learned Magistrate did not apply his mind to the legal requirements of section 117 (3) of the Code and passed the order mechanically on a printed form of the court of another Magistrate (Shri R. K. Anand, Subdivisional Magistrate, New Delhi) and that the portions meant for recording necessary particulars in that form had been left blank. It was further mentioned that the amounts of sureties demanded from the petitioner were "extremely onerous" and that this had been done with a view to keep him in detention. According to the petitioner the entire proceedings in the case, under section 117 (3) of the Code were an abuse of the process of the court in what was otherwise a purely industrial dispute.

(3.) As serious allegations were made that the order under section 117(3) of the Code had been passed on a printed form of the court of another Magistrate and the necessary particulars had not been filled up in that form, the record of the case was obtained.