G G RAVI Vs. STATE

JUDGEMENT

(1.) The revision petitioner was issued a summons under Section 107 Cr.P.C. The said proceeding is being challenged before this Court. It is his contention that the summons is motivated due to political consideration and the petitioner is highly placed decent mode of living and prominent citizen of Vellore and Chairman of G.G.R. College of Engineering and the petitioner earned name among the general public and particularly students community at large. The learned counsel for the petitioner Mr. R. Sankarasubbu would contend that inasmuch as the summons challenged before this Court was a bereft of statutory requirements under law, that the respondent has not adhered to the procedure to be followed as contemplated in the Criminal Procedure Code, and that the proceedings has been against law.

(2.) Repelling this contention, the learned Additional Public Prosecutor submits that the 1st respondent police received secret information that due to the business enmity with Iyyappan and Raghu, the petitioner and his brother G.G. Ramesh are trying to eliminate each other and thereby cause criminal breach of peace and affect public tranquillity, that the petitioner has involved in four criminal cases and that he is a history sheeted rowdy and H.S. No. 29/BN.1/1991 is being maintained against him till date in Vellore North Police Station since 1991 and the same is periodically renewed. It is his further submission that issuing summons under Section 107 Cr.P.C. is an interlocutory order, that a revision can be filed only against the final order and hence this revision is not maintainable.

(3.) Section 107 Cr.P.C. deals with Security for keeping the peace in other cases. When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may require such person to show cause why he should not be ordered to execute a bond. However, summons alone issued under Section 107 Cr.P.C. would not satisfy Section 111 Cr.P.C. Section 111 Cr.P.C. goes thus: