P. PAULRAJ NAIDU Vs. GOPAL NAIDU

JUDGEMENT

(1.) The petitioners are "A" parties and they filed this petition to quash the notice issued by the fifth respondent under Section 107 of the Cr.P.C.

(2.) It is submitted by the learned counsel for the petitioners that the fifth respondent without properly appreciating the scope of Section 107 and 111 of the Cr.P.C., initiated proceedings against two parties and issued summons to both the parties asking them to appear for enquiry and therefore, the notice issued by the fifth respondent is contrary to Section 111 of the Cr.P.C., and on that ground, the proceedings is liable to be quashed. He also submitted that under section 107 of the Cr.P.C., both the factions cannot be called for enquiry by issuing notice under Section 111 of the Cr.P.C., and on that ground, it is liable to be quashed. He also relied upon the judgments reported in : the matter of Ayyavoo Chettiar and Others Vs. Inspector of Police, Ennore Circle, Ennore, Kuppuraj and others, 1984 LW(Cri) 112 and the State represented by the Inspector of Police, Ennore Circle, Ennore, in the matter of Sadayan and others vs. Paramasivam and others, 1983 LW(Cri) 218 in the matter of Gnanasekar Vs. State, 1994 1 LW(Cri) 160 and : in the matter of Shanmugiah and others Vs. State through Inspector of Police, Usilampatti and others, 1987 LW(Cri) 49 in support of his contention.

(3.) I am unable to accept the contention of the learned counsel for the petitioners. Under Section 107 of the Cr.P.C., when a learned Executive Magistrate is of the opinion that there is sufficient ground for proceeding on the basis of information received by him 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, he may require such person to show cause why he should not be ordered to execute a bond, with or without sureties. Under Section 111 of the Cr.P.C., When a learned Magistrate acting under section 107 deems it necessary to require any person to show cause under such section he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.