ADIMADAVAN Vs. STATE

JUDGEMENT

(1.) The above Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure praying to call for the records in Roc.No.5430/2002/A2 on the file of the Sub Divisional Executive Magistrate-cum-Revenue Divisional Officer, Salem and quash the same.

(2.) The petitioners, who are `A' party respondents No.1,4 and 6 among seven in the row, in which the `B' party respondents are also six in number, in the above proceeding initiated by the Sub Divisional Executive Magistrate, Salem against both the parties under Section 107 of the Code of Criminal Procedure, have come forward to file the above criminal original petition seeking for the relief extracted supra on grounds such as that the said Executive Magistrate, as per his preliminary order dated 28.1.2003 has called for the petitioners to appear before him on 31.1.2003 at 10.00 a.m. and show-cause as to why the petitioners should not be directed to execute bonds for maintenance of peace and tranquility in the area under Section 107 of Cr.P.C. and that the said order is bad for the following reasons:

(3.) During arguments, the learned counsel appearing on behalf of the petitioners would lay emphasis on the same points which have been set out above and would pray to quash the proceedings. On the other hand, the learned Government Advocate on the criminal side, appearing on behalf of the respondents, would submit that the learned Executive Magistrate has complied with all the legal requirements, such as the source of information, likelihood of the breach of peace and disturbance for public tranquility and that in the opinion of the Executive Magistrate, if any person is likely to commit a breach of peace or disturb the public tranquility or to do any lawful act that may probably occasion a breach of the peace, the Executive Magistrate may require such person to show-cause as to why he should not be ordered to execute the bond with or without surety for keeping the peace for such period not exceeding one year as the Magistrate thinks fit. The learned Government Advocate would also focus his attention on Section 111 Cr.P.C. regarding the order that is to be made as it has been made in the case in hand, the requirements of which are that he shall make the order in writing setting forth the substance of information received, the amount of bond to be executed, the term for which it is to be in force and the particulars of sureties, if any required and therefore the learned Government Advocate would ultimately pray to dismiss the above criminal original petition.