SURENDRA PAL KANDA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition, the applicant seeks quashing of .the order dated 13-8-1982 passed by City Magistrate in Criminal Case No. 2121 of 1982 directing the applicant to furnish solvent security in the sum of Rs. 5000/- (Five Thousands) to maintain peace under section 116(3) of the Code of Criminal Procedure (hereinafter referred to as the Code).

(2.) The facts in brief as they emerge out of the petition are that the applicant is P. W.D. Contractor and he was executing the contract of construction of quarter at Katanga, Jabalpur. It is alleged that the applicant went to the office of the Executive Engineer, P. W D. (B. & R.), Jabalpur Division No.2 Shri S. D. Patel, where there was some dispute between the two at which the applicant abused and threatened Shri Patel. A report of this incident was made to the police on 13-8-1982. The police made a complaint before the City Magistrate to take action under section 107/116(3) of the Code against the applicant contending that there was apprehension of breach of peace due to the aforesaid conduct of the applicant. Learned City Magistrate by his impugned order directed for issue of summons to the applicant and of the same time directed the applicant to furnish solvent security in the sum of Rs. 5000/- to maintain peace. The applicant is seeking quashing of this order by this petition.

(3.) The main contention of the learned counsel for the applicant is that there were no grounds for proceeding against the applicant under section 107/116 of the Cede and the learned City Magistrate passed the impugned order without applying his mind. I find sufficient force in this submission. The applicant has filed certified copy of the police report (Annexure B). A reading of this report will go to show that an allegation has been made against the applicant that the applicant abused and threatened to the Executive Engineer Shri Patel by reason of which there was an apprehension of breach of peace.