BHAGWAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the order dated 8-12-86 passed by the Sub-Divisional Magistrate, Hamirpur, summoning the applicant under Section 110 of the Code of Criminal Procedure, 1973 (for short the Code) to show cause as to why he should not execute bond and furnish two sureties to maintain good conduct and peace for a period of two years.

(2.) THE Station Officer, Khuraila, district Hamirpur, submitted a challani report dated 25-10-86 indicating that the applicant Bhagwan Singh is a man of Goonda Type and that he was earlier convicted for an offence under Section 25 of the Arms Act and has been challaned under the provisions of U. P. Control of Goondas Act, 1971.

(3.) IN the instant case the scope of enquiry by this Court at the initial stage when the notice under Section 110 of the Code has been issued to the applicant to appear on a future date is limited. It is not that the Magistrate has finally pronounced his opinion nor it can be said that there was absolutely no evidence at all in as much as the applicant has been challaned under the Convention of Goondas Act and has also been convicted under Section 25 of the Arms Act. It could not accordingly be said that the Magistrate has no material at all to issue the notice. At the initial stage before issuing the notice the Magistrate has just to see whether there exists some prima facie evidence and in case it is so, the proceeding can be started. The applicant shall have opportunity after notice to contest those proceedings, to cross-examine the witnesses and lead his own evidence to indicate that he was not such a person nor he has got such antecedent as indicated under Section 110 of the Code. At that stage the evidence would be weighed by the Magistrate. The objection of Section 110 is not that the person must be punished indirectly when he could not be punished directly for a substantive offence. The Magistrate should scrutinise the evidence led by the police with greatest care. The jurisdiction is preventive with a view to serve the interest of the community. The power under Section 110 must be exercised with caution and circumspection.