ANJALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Miss Anjali has invoked inherent jurisdiction to this court under Section 482 of the Code of Criminal Procedure for quashing the proceedings for good behaviour initiated against her and one Ajay Singh by filing a Kalandra under Sections 41(2)1109 of the Code by P.S. Jagadhri.

(2.) The allegations against the petitioner and Ajay Singh as contained in the said Kalandra read as under: The main facts in this kalandra are that today Sh. Rup Chand, A.S.I. alongwith the Constable Gurmail Singh No. 775, Constable Maya Ram No. 752 were present in the Durga Garden area of Jagadhri on patrol duty, where they were informed by some respectable persons-that one boy Ajay Singh and Smt. Anjali have been roaming in this area since yesterday evening and on their complaint, Sh. Rup Chand, A.S.I. overpowered both and interrogated them and found that Ajay Singh son of Raju, Caste Rajput was resident of 100/453 Karnalganj, Kanpur (U.P.) who had gone to Rajasthan, Banar Sinri about 10 days back, where he had met the girl Smt. Anjali daughter of Gulab Chand. The people belonging to this caste use their daughters and married women for doing the unlawful activities and on this pretext, Ajay Singh had gone to their locality and there, he had a talk with Smt. Anjali and brought her with him to Jagadhri on the pretext of marrying with her and yesterday, at 9.00 A.M. also, they were roaming about in suspicious circumstances in the City of Jagadhri and finding them in these circumstances, Shri Rup Chand. A.S.I. arrested them under Section 41(1) Cr. P.C. and on interrogation by the A.S.I. Ajay Singh and Smt. Anjali told that they both had fallen in love and wanted to marry and she wants to pass her life alongwith him. But, they did not disclose any special reason for coming to Jagadhri and continued talking nonsense. Since, they were roaming about in suspicious circumstances, they were arrested under Section 41(2)/109 Cr. P.C. and accordingly, the kalandra was prepared to produce the same in the Court. On search of Anjali, Rs. 200/-, one lady wrist watch and a pair of silver ornaments were found which were handed over to Guard.

(3.) On the above allegations, it is to be seen as to whether the petitioner could be proceeded against for good behaviour under Section 109 of the Code. The said section reads as under: When (an Executive Magistrate) receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.T The object of this Section apparently is to check and control the persons who likely to commit offences. The provisions being restrictive of the liberty of the subject are to be strictly construed. These are so stringent that the same may be made an engine of oppression unless care is taken to prevent its abuse.