DAYA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure I hereinafter called the Code has been filed by Daya Ram for quashing the order of the Sub Divisional Magistrate, Loharu dated July 31, 1984 (Annexure P. 2).

(2.) The impugned order was passed under section 116(3) of the Code in pursuance of a police report under section 107 of the Code dated July 30, 1984. In this report, Station House Officer of Police Station Loharu alleged that while he was on patrol duty a written, complaint was made to him by Mahabir Singh. Advocate and Sat Narai Sharma, photographer, against the present petitioner alleging ,that the petitioner had rebuked and given fist blows to them on July 19. 1984. The police report further reveals than on receipt of this complaint, the Station House Officer called the petitioner to ask him to mend his ways but in spite bf his advice the petitioner rebuked the aforesaid Advocate and the photographer in his presence. Upon these allegations the Station House Officer prayed that security proceedings under section 107 of the Code be initiated against the petitioner. The petitioner was arrested by the Station House Officer on July 30, 1934 under section 151 of the Code and he was produced before the Sub Divisional Magistrate, Loharu, the next day i.e. on July 31, 1984 to face the security proceedings. The Magistrate passed the, impugned order (Annexure P. 2) by which he found that the petitioner is likely to commit breach of the peace and after serving a notice under section 111 of the Code the petitioner was ordered to furnish the bond in the sum of Rs. iO,OOO with one surety in the like amount under section 116(3) of the Code.

(3.) It is provided in section 107 of the Code that when an executive Magistrate receives information that any person is likely to commit a breach of the peace and disturb public tranquility and is of the opinion that there is sufficient ground for proceeding, he may initiate security proceedings against him. Section 111 of the Code lays down that when the Magistrate acting under section 107 of the Code deems it necessary to require any person to show cause under that section he shall make an order in writing setting forth the information received and the amount of the bond to be executed. The Magistrate is then required to conduct an inquiry under section 116 of the Code and under sub-section (3) during the inquiry the Magistrate may direct the person in respect of whom the order under section III of the Code has been made, to execute a bond, with or without sureties, for keeping die peace or maintaining good be haviour during the inquiry.