HARISANKAR GOUTAM Vs. ARJUN ORAM AND ORS.

JUDGEMENT

(1.) THIS is a revision against the order of the Magistrate First Class, Sundargarh dropping a proceeding under Section 107, Code of Criminal Procedure initiated against the second party.

(2.) ON a perusal of the impugned Order 1 find that the Magistrate, while dropping the said proceeding, has not given any finding that at the time the paid proceeding was dropped there was no apprehension of breach of the peace due to any act or conduct of any of the members of the 2nd Party. The Magistrate started the proceeding under Section 107 , Code of Criminal Procedure on being satisfied that the member of the 2nd party were likely to commit breach of the peace and accordingly called upon them to show cause as to why they should not be ordered to Execute bonds for maintaining the peace. Having Acted so on the reports and information 's before him to the above effect, the Magistrate should no have suddenly dropped that proceeding without a categorical finding the effect that here was no further apprehension of breach of the peace on their account Prevention of breach of peace and/or of commission of offence being the sole purpose for taking Action under Section 107, Code of Criminal Procedure the Magistrate should act with caution and watchful care both while taking Action under this section and while dropping such a proceeding, or else the liberty of the citizens and/or the security of the society may be in jeopardy.

(3.) THE revision accordingly is allowed. The learned Magistrate should dispose of this matter in accordance with the directions and observations made above within as short a time as possible, preferably within three months from the date of receipt of the lower Court records.