DATTARAM KRISHNA PEDAMKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned APP waives service for respondents. Taken up for hearing.

(2.) The challenge in this petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the said Code") is to a show cause notice issued by the second respondent in purported exercise of power under Section 111 of the said Code. By the said notice, the petitioner has been called upon to show cause as to why proceedings in accordance with Section 110(e)(g) of the said Code should not be initiated and the petitioner should not be directed to furnish bond in the sum of Rs. 10,000/-. By the said notice the petitioner was also called upon to show cause as to why interim bond should not be taken from him pending the proceedings.

(3.) The submission of the learned Counsel appearing for the petitioner was that an order under Section 111 of the said Code has not been passed which is a condition precedent for initiating an action. Therefore, I had called upon the learned APP to produce the record of the chapter proceedings. Accordingly, the record has been produced. The record shows that a proposal for initiating the proceedings under Chapter-VIII of the said Code was submitted by the Senior Inspector of Police of Worli Police Station, Mumbai. On the said proposal there is a short and cryptic order passed by the second respondent running into six lines. The order merely states that on perusal of the papers received from the Senior Inspector of Police, he is satisfied that in future there is likely to a breach of peace on account of the activities of the petitioner and, therefore, it is necessary to take bond from the petitioner.