BASISTHA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Basistha Panda to set aside the entire criminal proceeding under section 110 of Cr.P.C. vide CMC No.149 of 2016 pending before the Additional D.C.P.-cum-Executive Magistrate, Bhubaneswar.

(2.) Learned counsel for the petitioner Mr. Deepak Parida contended that the entire proceeding is not only illegal but also suffers from non-application of mind and there was no material before the learned Magistrate to hold the petitioner as a habitual offender. It is contended while challenging the order dated 31.12016 that no notice was issued to the petitioner and he was not provided with an opportunity of hearing and therefore, the order passed by the learned Executive Magistrate issuing detention warrant to the Superintendent, Special Jail, Bhubaneswar to detain the petitioner for the rest of the good behaviour of the bond period i.e till 20.02018 for commission of breach of bond by him should be quashed.

(3.) On perusal of the order sheet supplied by the learned counsel for the petitioner, it appears that on the basis of Airfield Police Station Non-FIR No.01 dated 04.02.2016 regarding the involvement of the petitioner in eight cases, on 09.02.2016 the Addl. D.C.P.-cum-Executive Magistrate, Bhubaneswar being satisfied that there is prima facie case to proceed under sections 110(e) and (g) of Cr.P.C. against the petitioner, directed him to show cause as to why he should not be ordered to execute the bond to show good behaviour for a period of two years, with conditions. The learned Executive Magistrate directed to serve a copy of the order under section 111 of Cr.P.C. on the petitioner and issued production warrant against the petitioner. On 202.2016 the petitioner furnished the bonds which were accepted under section 117 of Cr.P.C. to maintain good behaviour and peace and tranquility in the locality for a period of two years with further conditions that he should not be involved in any act of offence punishable with imprisonment in any manner and to appear before the IIC, Airfield Police Station on each Sunday and to appear before the Court on each date of posting till disposal the bond period and to carry out the conditions of the bond and in default, it would be treated to have committed breach of bond.