(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1973 (2 of 1974) [in short Cr.P.C.] has been preferred seeking quashment of order dtd. 22/6/2022 passed by the Court of Additional Sessions Judge, Jawad, Distt. Neemuch in Criminal Revision No.17/22, whereby order dtd. 10/6/2022 passed by the Court of Executive Magistrate/ S.D.M., Sub Division Jawad, Distt. Neemuch directing to detain the applicant in imprisonment for remaining period of the bond is over, was affirmed.
(2.) Brief facts giving rise to this petition are that SHO Police Station Jawad filed an Ishtagasa bearing No.38 dtd. 11/5/2022, under Sec. 110 of Cr.P.C., before the Court of Executive Magistrate Jawad, Distt. Neemuch stating therein that applicant was involved in various crime relating to gambling, assault and threatening and had become danger to public at large, therefore, prohibitive order be passed against him. Learned Executive Magistrate vide order dtd. 1/6/2022 issued notice under Sec. 111 of Cr.P.C. to the applicant and after his appearance on 3/6/2022, directed him to execute an ad interim bond of Rs.50,000.00 for maintaining good behaviour until the conclusion of inquiry. On the very next date i.e. 4/6/2022, at about 16:55 hours, applicant alongwith his wife abused, threatened and assaulted Idreesh and his daughter Simran with iron pipe causing injuries to them and on the basis of a complaint made by Idreesh, FIR bearing Crime No.235/2022 for the offences punishable under Sec. 341, 323, 294, 506 and 94 of IPC was lodged against him at Police Station Jawad, Neemuch.
(3.) Learned counsel for the applicant submits that it is apparent from the record that the ad interim order dtd. 3/6/2022 passed by the Executive Magistrate, Jawad under Sec. 116(3) of Cr.P.C. was passed in stereotype manner without commencing to inquire into the truth of the information alleged by the police. He further submits that it is also apparent from the Ishtgasa No.04/2022 dtd. 8/6/2022, filed under Sec. 122 of Cr.P.C. that matter relating to Crime No.235/2022 for the offence punishable under Sec. 341, 323, 294, 506 and 94 of IPC was under investigation and truth of the facts of the said FIR is yet to be investigated. At the relevant point of time except FIR, lodged by the Idreesh, nothing else was produced on record, therefore, the impugned order confiscating the applicant's bond and directing to detain him in imprisonment for remaining period of bond is over, was passed without any basis. He has placed reliance on the order dtd. 11/5/1982 passed by the Gauhati High Court in the case of Chadreshwar Bhattachargee vs. State of Assam in Cr.R. No.4/1982 and the order passed in the case of DA Kumar & ors Vs. State of Chhatisgarh & another reported in 2011 sCC Online Chh 19 : (2011) 4 CGLJ 303..