SHIVKUMAR VITHAL JANGAM Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THIS Criminal Writ Petition is filed against the order passed by the Sub-Divisional Officer. Shrirampur on 31-3-1993, directing the petitioner to execute bond of Rs. 10,000/- with two solvent sureties of Rs. 5,000/- each for a period of one year in a proceedings under Section 56 of the Bombay Police Act 1951.

(2.) A notice dated 17-10-1992 was served on the Petitioner, asking him to show cause as to why an order under Section 56 (1) of the Bombay Police Act, 1951 be not passed against him for extraditing him for a period of two years from Ahmed nagar, Nashik and Pune Districts. Thereafter, the order is passed on 31-3-1993 indicating that the proceedings were taken against the petitioner under Section 56 (1) (a) (b) of the Bombay Police Act, 1951 and then the impugned order is passed.

(3.) HE has further argued that the order mentions that if the petitioner fails to furnish the surety, then action under Section 122 of Cr. P. C. would be taken. HE has pointed out that Section 122 of Cr. P. C. makes a provision only with respect to orders passed under Section 106 or Section 117 of Cr. P. C. So, if any order passed under Section 56 of the Bombay Police Act, 1951, the concerned officer cannot resort to the provisions of Section 122 of Cr. P. C. for non-compliance of order of furnishing security.