STODAR DKHAR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) On mention made and in view of urgency stated, this matter has been taken on Board today; and with the consent of the learned counsel for the parties, is taken up for disposal at this stage itself.

(2.) The brief facts and relevant background aspects of the matter are that the petitioner was served with a copy of the order dated 25.01.2018 (Annexure 2) as passed by the Sub-Divisional Magistrate, Sohra, directing him to appear on 31.01.2018 at 4 p.m. to show cause for executing a bond for not disturbing the peace for three months based on a police report (Annexure 4). It is submitted that as the petitioner is suffering from various ailments like Cancer Cell Tumour, Liver disease, Diabetic, High Blood Pressure, etc., he went to Sohra on 31.01.2018 in Ambulance but was unable to appear before the Court for ailment; and his attendant went on instructions to the office of the Sub-Divisional Magistrate and filed an application seeking time for filing show cause after supply of the copy of police report.

(3.) The grievance of the petitioner is that though copy of the police report was supplied to his attendant but the learned Magistrate proceeded to pass an order requiring him to appear today i.e., 05.02.2018 at 4 p.m. for executing a bond of Rs. 10,000/- with a surety of the like amount for keeping peace for a period of three months. It is also submitted that a copy of the said order was not supplied to the petitioner but a copy thereof is placed on record as said to have been noted down by the legal adviser of the petitioner. It is further submitted that the learned Sub-Divisional Magistrate has not complied with the provisions contained in Sections 111 and 116 CrPC while passing the said order and while drawing up the proceedings against the petitioner.