JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JARNAIL Singh petitioner is being proceeded against under section 107/151 of the Code of Criminal Procedure (briefly the Code) in the Court of the Sub Divisional Magistrate, Fatehgarh Sahib, District Patiala. He has applied for quashing of those proceedings and also the orders passed by the learned Sub Divisional Magistrate in those proceedings.

(2.) THE proceedings were initiated on the basis of a complaint made by Smt. Inderjit Kaur, Staff Nurse, Civil Hospital, Fatehgarh Sahib to the Senior Medical Officer wherein she had complained about Jarnail Singh having come there is a drunken condition and abusing her and every one else, after the incident in which three persons had come to the hospital and asked her to examine them for injuries, while, in fact, they had none. Head Constable Malkeet Singh went to make inquiry about the dispute and summoned both, Smt. Inderjit Kaur and Jarnail Singh. While this inquiry was in progress, Jarnail Singh started quarrelling with Inderjit Kaur, gave abuses and was ready to come to blows. The Head Constable and other officials tried to make him understand reason, but to no effect. Finding no other alternative, he arrested the petitioner and started proceedings under section 107/151 of the Code. The learned Magistrate, vide his order dated 5-12-1989, issued noticed under section 111 of the Code and also ordered the petitioner to furnish bail bonds in the sum of Rs. 20,000/- with one surety under section 116(3) of the Code in the Court.

(3.) THE order of the learned Sub Divisional Magistrate calling for a bond under Section 116(3) of the Code is, however, not justified. The Sub-section, so far it is relevant, reads as under :