BANGERLA SOMESWAR RAO Vs. STATE

JUDGEMENT

(1.) THE petitioner challenges the order of learned Executive Magistrate, Parlakhemundi, directing him to execute bond for a sum of Rs. 7,000/ - with one surety for the like amount in a proceeding under Section 107 of the Code of Criminal Procedure on the ground that the Magistrate was not competent to direct him to execute a bond before the commencement of enquiry.

(2.) IT appears that the proceeding under Section 107, Cr.P.C, was started on the basis of a report by the Officer -in -charge, Garabandha Police -Station. In the report the Officer -in -charge felt that there was some ill -feeling between the 1st party members and second party members and as such, there was apprehension of breach of peace and blood -shed in the locality. Consequently, the Police prayed to the Court to direct the 2nd party members to execute bond under Section 116(3), Cr. P.C, to maintain peace and good -behaviour in the locality. On the basis of report of the Police, the Magistrate drew up a proceeding under Section 107, Cr. P.C, and asked the 2nd party members by his order dated 7.8.1996 to show -cause why they should not be asked to execute a bond of Rs. 7,000/ - each with the surety of the like amount for maintaining peace in the locality for a period of one year. This order of the learned Magistrate is the subject matter of challenging here.

(3.) IT appears that the impugned order was passed on 7.8.1996 on the basis of a report of a Police. The Police apprehended breach of peace in the locality because of factionalism between two groups of parties. About two years have passed since the Police expressed apprehension about breach of peace. No doubt, the further proceedings of the case before the learned Executive Magistrate remained stayed by virtue of the order of this Court. It is not known whether the same situation still continues in the locality. The healing hands of time might have been able to bring amity in the meantime between the two groups and a cordial and inviting atmosphere of good will and friendship might have prevailed in the village. To allow the proceeding to continue after lapse of about two years may again re -generate a bad feeling and retrograde the situation and might give scope to the parties to take themselves to further violence with renewed vigour for a fresh clash.