BIJAY SANKAR SEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Das, learned counsel for the petitioner and Mr. A. Sattar, learned counsel for the respondent.

(2.) Challenge in this petition is to the order dated 31.12.2019, passed by the learned Additional Deputy Commissioner of Police (ADCP), Guwahati City, Central Police District in Case No. 279m/2019, whereby a proceeding under Section 107 CrPC has been drawn up.

(3.) Learned counsel for the petitioner submits that the learned ADCP, who was exercising the power of an Executive Magistrate did not record any reason for his satisfaction that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility or that there was sufficient ground for proceeding against such person. It is also pointed out by the learned counsel that the impugned order was in total violation of the provision of Section 111 CrPC, and as such requires to be set aside.