NIMMAGADDA RAVI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These two petitions are filed under Section 482 Cr.P.C. to quash the proceedings initiated in M.C.No. 74/96 and M.C.No. 76/96 respectively, on the file of Sub-Divisional Magistrate, Guntur.

(2.) The petitioners in Crl. Petition No. 5062/96 are respondents in M.C.No. 74/96 and Petitioners in Crl. Petition No.5063/96 are the respondents in M.C.No. 76/96. On the-information furnished by the S.I. of Police, Vetticherukur Police Station, that there is likelyhood of breach of peace between two rival groups in Garapadu village, the proceedings under Section 107 Cr. PC have been initiated by the Sub-Divisional Magistrate, Guntur. Summons under Section 113 Cr.PC have been issued to all the respondents in both the cases, directing them to attend in person at the office of the Sub-Divisional Magistrate, Guntur on 25-7-1997 at 11 am. to show-cause why they should not be required to execute bonds for Rs. 5,000.00 each and that they will keep peace for a term of two years. It appears that the petitioners herein have been appearing before the Sub-Divisional Magistrate, Guntur from time to time and the last date of adjournment was 17-12-1997 and as the said proceedings could not be completed within six months under sub-clause (6) of Section. 116 Cr.P.C. they have come up with these petitions to quash the said proceedings.

(3.) Sri K. Raja Reddy, the learned Counsel for the petitioners in both the cases raised the following contentions: 1. The summons issued to these petitioners under Section 113 Cr.P.C. are not legal and valid, as they are not accompanied by the order passed under Section 111 Cr.P.C. 2. In fact, no order under Section 111 Cr.P.C. has been passed by the Sub-Divisional Magistrate before issuing the summons under Section 113 Cr.P.C. 3. That directing respondents to enter into a bond for Rs. 5,000.00 each for keeping peace for a term of two years is also bad as under Section 107 Cr. P.C. a person shall be ordered to execute a bond with or without surely for keeping the peace for such a period not exceeding one year as the Magistrate thinks fit.