AARTI SINGH Vs. STATE

JUDGEMENT

(1.) Being aggrieved by the impugned show cause notices issued by the Special Executive Magistrate under Section III of the Code of Criminal Procedure, the petitioners Ajay Narain and Smt. Aarti Singh have filed two separate petitions under Section 482, Cr.P.C. I propose to dispose of both the petitions by this common order.

(2.) There is a dispute between the petitioners in respect of the property bearing No. 110, Jor Bagh, New Delhi. Both the petitioners approached the Police with allegations and counter allegations against each other. Apprehending that the dispute between the petitioners may lead to breach of the public peace and tranquillity, the Station House Officer of Police Station Kotia Mubarakpur filed a Kalendra under Section 107, Cr.P.C. before the Special Executive Magistrate. On 2.9.1998, the Special Executive Magistrate examined the SI Hulas Giri in support of the Kalendra and on being satisfied about apprehension of breach of the public peace, she made a preliminary order under Section III, Cr.P.C. and issued the impugned notices to the petitioners requiring them to show cause as to why they should execute a bond for keeping the peace for a period of one year in the sum of rupees five thousand with one surety in a like amount. Aggrieved thereby, the petitioners have come up before this Court under Section 482, Cr.P.C.

(3.) In Madhu Limaye and Another v. Sub-Divisional Magistrate and Others, AIR 1971 S.C. 2486, it was held that Section 107 of the Code of Criminal Procedure is aimed at persons, who cause a reasonable apprehension of conduct likely to lead to a breach of the peace or disturbance of the public tranquillity. This provision is in aid of orderly society and seeks to nip in the bud conduct subversive of the peace and public tranquillity.