HAR CHARAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under section 482, Cr. P. C. for quashing the order dated 24-10-2007 and the notice dated 18-12-2007 issued against the applicant in Case No. 01 of 2008 -State v. Har Charan under Section 110 (g), Cr. P. C. , police Station Barsana, district Mathura, pending in the Court of Sub divisional Magistrate, Chhata, District Mathura.

(2.) HEARD the learned counsel for the applicant, as well as learned A. G. A. for the state at the stage of hearing on admission of this application. Since the point involved in the matter is legal one I am deciding it at this stage on merits with the consent of the parties without calling for any counter affidavit or rejoinder affidavit. Since these proceedlngs have been drawn on the report of the S. O. of P. S. Barsana, District Mathura against the applicant and since Smt. Babita opposite party No, 2 is not a party in the above case, no notice is being issued to her,

(3.) THE facts relevant for disposal of this application are that on 18-12-2007, Smt. Ritu Sharma, Sub Divisional Magistrate, chhata, Distrclt Mathura issued a notice under Section 111, Cr. P. C. for drawing proceedings against the applicant under Section 110 (g), cr. P. C. It is a notice issued on a cyclostyled proforma and in its para 1, the contents of Section 110 (g), Cr. P. C. have been reproduced. There is reference of the report of S. O. of P. S. Barsana dated 24-10-2007 against applicant Har Charan at its top, and then it has been stated in this cyclostyled notice that Har Charan is criminal and he is involved in antisocial activities and on account of his fear and terror nobody was ready to adduce evidence against him. He can do any untoward incident which may result into breach of peace. So a notice was given to him to appear before the Court on 28-1 -2008 and show cause as to why he should not be required to execute a personal bond of Rs. 1,00,000/- with two surety bonds of the like amount for maintaining peace for three years. The grounds on the basis of which the above conclusion was drawn that he was so desperate and dangerous as to render his being at large without security is hazardous to the community have not been mentioned in this notice and there is only a reference of the report of the S. O. , P. S. , Barsana, dated 24-10-2007 in support of the above allegation.