KHETRA DALBEHERA Vs. UDYANATH MAJHI

JUDGEMENT

(1.) This revision is by the members of the second party in a proceeding under Section 107, Code of Criminal Procedure (hereinafter referred to as the Code) against the order dated 15-9-1987 of the Executive Magistrate, Nayagarh. The learned Magistrate by the impugned order called upon the second party members to execute interim bonds for an amount of Rs. 1000/each.

(2.) The prosecution report brought out a case of imminent breach of peace on account of factional rivalry between the two groups in village Kendudbipi under the Sarankual Police Station in the District of Pun. The report revealed that both parties were bent upon to out-weigh each other by force and assault and counter assault. It was alleged that the members of the second party on various occasions prior to the passing of the preliminary order, created disturbance and resorted to serious rioting in village when the first party members were observing Danda. On 23-5-1987 they pelted stones to the houses of the members of the first party. Consequently, a report was lodged with the police and a case registered.

(3.) The learned Sub-divisional Magistrate drew up the preliminary order on 28-5-1987 which reads as follows:Perused the non-F.I.R. No. 9/87 of Sarankul P.S. I am satisfied that there is apprehension of breach of peace within local limits of my jurisdiction. Start a case under section 107 of the Cr.P.C. The case is transferred to the Court of Sri L.N. Misra. Executive Magistrate, Nayagarh, for disposal according to law. The learned Executive Magistrate issued notice calling upon them to show cause as to why they should not execute bonds for Rs. 1000/- each to maintain peace for a period of one year. Pursuant to such notice, the second party members numbering about 90 appeared before the learned Magistrate and filed show cause, wherein they denied all accusations made against them as stated above.