PIARA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) At the instance of Ram Chand son of Kartara Ram Proceedings under section 107/151 of the Code of Criminal Procedure were initiated against Piara Ram and others. After calender copy of which is Annexure P-1 was presented in court by the Police of Police Station Division No.3, Jullundar on 31.8.1991. On 1.9.1991, the petitioner along with other persons was produced before the Executive Magistrate. The Executive Magistrate ordered them to furnish bail bounds in the sum of Rs. 10,000/- each and in default they were to be sent to the judicial lock up. They were Further Ordered to be produced before the Area Magistrate on 13.8.1991. The petitioner and other persons were ordered to be set free when they furnished bail bounds. On the next date of hearing they appeared in court and they were directed to furnish bail bounds under section 116 (3) of the Code of Criminal Procedure. They prayed for time and was allowed. They were directed to appear in Court on 30.9.1991. Piara Ram has filed this petition under section 482 of the Code of Criminal Procedure for quashing the proceedings under section 107,131 of the Code initiated at the instance of the police.

(2.) It was alleged by the petitioner that the Executive Magistrate had failed to comply with the mandatory provisions Of the Code of Criminal Procedure. When he was produce before him on 1.9.1991 no notice whatever was served upon him as was necessary under the provisions of Section IV rather he was ordered the released of bail only on of furnishing bail bonds, in the sum of Rs. 10,000/ - cash and this action of the respondent was totally without jurisdiction. On the next date of hearing he was ordered to furnish bail under the provisions of section 116(3) of the Code of Criminlal Procedure without applying his mind. Even the allegation made in the Calender did not make out ingredients of section 107, 151 of the code of Criminal Procedure and the calender deserved to be quashed.

(3.) In the return filed by the respondent, it was maintained that there was a dispute between the petitioner and his companions on one side and Ram Chand on the other side and they were summoned to Police Station Division No. 3 Jullundur on an application of Ram Chand when Piara Ram threatened to kill Ram Chand and abused him. The security proceedings were thus rightly initiated.