LAWS(MAD)-2007-4-385

M DEIVANAYAGAM Vs. SUB DIVISIONAL MAGISTRATE NORTH PONDICHERRY

Decided On April 25, 2007
DR. M. DEIVANAYAGAM Appellant
V/S
Sub-Divisional Magistrate-North, Pondicherry And Another Respondents

JUDGEMENT

(1.) THIS Criminal Original Petition is directed against the impugned order dated 25.2.2006 made in M.C. No. 74/2005 under Section 151 @ 107 of the code of Criminal Procedure in and by which the first respondent has passed the order under Section 111 Cr.P.C. as follows:-

(2.) THE first petitioner herein has filed the accompanying affidavit for himself and on behalf of other petitioners, wherein he has stated that they formed an Association in the name of Hindu Madha Viduthalai Munnani (Hindu Religious Liberation Front) for the purpose of propagating the greatness of Tamil language, Tamil culture, and the great spiritual heritage of Hindu religion and also for the welfare of the people of all religions who are willing and interested to learn the concept of Hindu religion and also the Tamil language, Tamil people and Tamil culture, during January 2006. THEy were also taking steps to register a trust under the Indian Trust Act to promote the above said objects and they were also planning to start an Educational Trust for Vedas, Vedanthas and Agamas.

(3.) AS per the order passed by the first respondent, the petitioners were compelled to execute a bond for good behaviour for a sum of Rs.10,000/- in Form No. 12 under Sections 106 and 107 Cr.P.C. Accordingly the first petitioner, for himself and on behalf of other petitioners, executed the bond and the first respondent directed the petitioners to appear before the Court on 10.3.2006. According to the petitioners, the impugned order is against Articles 14 and 25 of the Constitution of India and is a clear abuse of process of law, and an arbitrary and illegal action by the respondents and hence the same is sought to be quashed.