PERSWAMI KANDSWAMI DEVENDRA Vs. SENIOR INSPECTOR OF POLICE

JUDGEMENT

(1.) HEARD. The petitioners who happen to be father and son are hereby assailing the propriety, legality and correctness of the show cause notice issued by the Special Executive Magistrate, Matunga Region, Mumbai issued to them in view of provisions of section 111 of the Criminal Procedure code, 1973 (hereinafter referred to as "code" for convenience) for taking the action in view of provisions of section 107 of the Code.

(2.) THE case revolves around a dispute between Annna Durai Perswami devendra and his wife mainly Perswami Kandswami, father of Anna Durai has come in picture as there has been an allegation against him that he was also illtreating his daughter-in-law. Both Anna Durai and Kandswami are facing a trial for committing an offence punishable under section 498-A of i. P. C. on the same allegation. In addition to that, it has been alleged in the said notice that on 10-1-1998 after getting released on bail both of them threatened the wife of Anna Durai that they would take the revenge as she filed a case against them in the Court.

(3.) SHRI Naik submitted that the object of action to be taken in view of sections 107 and 111. of the Code is for preventing the breach of public peace and, therefore, private disputes do not come under the purview of both the sections.