HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is petition under section 482 Cr.P.C. for quashing the calender/complaint registered against the petitioner under section 107/151 Cr.P.C. and also for quashing the order of the Executive Magistrate dated 19.4.91 by which the petitioner has been asked to furnish a bail bond for his appearance during the pendency of the proceedings mentioned above

(2.) A calender under Section 107 read with section 151 Cr.P.C. was filed before the Executive Magistrate, Jalandhar by the Police for binding down Harjinder Singh, Devinder Singh, Jaspal Singh, Harbans Singh and Mohinder Kaur. In this calender it has been stated by ASI, P. S. Division No. 1, Jalandhar that the complainant, Gurdial Singh, in his application has complained that his daughter Ravinder Kaur has been killed by the aforesaid five accused by burning during the night intervening 7/8-12-90. These accused were arrested in the said case, but were later on released on bail. All the accused are allegedly threatening the complainant and his family members and telling them that they can do whatever they like. On this the Police called them to the Police Station and made enquiries. The allegation of the Police is that the accused are roaming openly and proclaiming to the residents of the Colony and-the complainant that they have killed the girl and now they have come out. and that, they (complainant and residents of the locality) can do whatever they like. It is alleged that the accused are dangerous persons and had been bailed out in' a heinous crime. The accused have been arrested under section 1071151 Cr.PC. The Police requested the Executive Magistrate to direct the accused to furnish heavy surety bond for, keeping peace so that they may not commit any serious offence.

(3.) IT has been contended by the learned counsel for the petitioner that the prosecution has failed to make out a case for initiation of the proceedings under Section 107/151 Cr.P.C. This contention appears to have substance for there is no material brought out in the calender presented by the Police before the Executive Magistrate that the petitioners had committed any breach of peace for which proceedings were required to be initiated against them.