TAPAN NASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) SINCE in all these three criminal revisional applications a common question of law arises for decision and the learned Counsel appearing on behalf of the petitioners is same. These criminal revisional applications are taken up for hearing together and are disposed of by this common order.

(2.) THE subject matter of challenge in the aforesaid three criminal revisions are the orders passed in connection with a proceeding under Section 108 of the Code of the Code of Criminal Procedure. The aforesaid three proceedings were instituted on police report and the orders were passed by the same court. The only point canvassed before this court was this in the aforesaid three matters, the petitioners were directed to execute bond for keeping good behaviour on the ground they were disseminating seditious matter, however without giving them the opportunity to file show cause. Accordingly, it is submitted the impugned orders are not lawful.

(3.) NOW , having regard to the orders impugned, one was passed on 11th October, 2013 in connection with M. Case No.364 of 2013, the next one on 11th October, 2013 in connection with M.Case No.366 of 2013 and the last one on 11th October, 2013 in connection with M.Case No.365 of 2013. I find not only the same were in utter infringement of the provision of the Code of Criminal Procedure, the same is also in complete derogation of the principle of natural justice. The learned Magistrate without issuing show cause at the first blast directed the petitioners to execute the bond, which is patently illegal and without jurisdiction.