OMPRAKASH RAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The only question involved in this petition for revision is regarding propriety of exercise of powers u/s 107, Cr. P. C. under the circumstances of the present case.

(2.) PETITIONERS No. 1 to 4 are the members of the socialist party. They went to the Collector at Indore on 23 -1 -1959 along with one more member of the group Ramtahal after parading through the principal streets of the City in small procession. They carried placards with them containing the demands of the party to bring down the prices of food -grains, to stop the export trade in them, to exempt articles of common use from sales -tax, to stop retrenchment of the Mill -workers, to raise the minimum salary of an employee to Rs. 100/ - and to make Hindi the official language. They shouted slogans by the use of megaphone to the same effect. When these five precisionists reached the main postal of the Collectorate they were stopped by the station officer Juni Indore police -station who had already reached there with a posse. They were also told that in case they wanted to go into the inner open space of the Collectorate and particularly near Collector's office in the manner in which they were moving, they would not be allowed to do so unless the Collector had been consulted. It is said that the police officer after consulting the Collector gave a message that any one of them might see him. The processionists however insisted to march in group with their placards and megaphone. They were thereupon arrested on the spot and proceedings u/s 107, Cr. P. C. were started against them. Although it was alleged by the police that the processionists defied the lawful authority of the police by pushing a member of the police party yet the allegation was found to be not duly substantiated,

(3.) THE learned Magistrate considered the second ground as baseless for creating reasonable apprehension regarding breach of the peace or public tranquility. He however considered the first ground to be proper to justify the proceedings against the processionists u/s 107, Cr. P. C. He accordingly ordered them to execute a bond of Rs. 50/ -each with a surety in the like sum for good behavior for a period of one month from the date of the order.