BIMAL RUDRAPAL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Sri Sankar Narayan Das, Executive Magistrate is present in person. He states that by mistake he had passed the impugned order.

(2.) By means of this petition, the petitioners have drawn attention of this Court to order dated 1st July, 2014 and the order dated 31st July, 2014. At the outset it may be mentioned that this petition arises out of proceedings under Section 107 of the Code of Criminal Procedure. The said section reads as follows:

(3.) A bare reading of the provision of Section 107 of the Cr. P.C shows that when an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb public tranquillity or do any other action which may amount to breach of peace and is further satisfied that there is sufficient ground for proceeding against such person he may require such person to show cause why he should not be ordered to execute a bond for keeping peace for a period not exceeding one year. The Executive Magistrate is also entitled to direct such person to furnish sureties. The Magistrate is entitled to take action only when the place where the breach or disturbance is apprehended falls within his local jurisdiction or the person who is likely to commit such breach resides within his jurisdiction.