SHANKAR LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This criminal revision petition under Secs. 397 and 401 of the Criminal Procedure Code (hereafter referred to as 'the Code') is directed against the order dated 9-7-2001 passed by the Additional District Magistrate, Pooh whereby the petitioners have been called upon to execute personal bonds each in the sum of Rs.1000.00 to maintain peace till the conclusion of the inquiry initiated against them under S.107 of the Code.

(2.) Brief facts leading to the presentation of this petition are that an inquiry under S. 147 of the Code is pending regarding dispute of water supply and laying of pipes. During the course of such inquiry apprehending breach of public peace the said Magistrate initiated the inquiry under S. 107 of the Code and directed issue of notices under S. 111 of the Code to the petitioners vide his order dated 2-7-2001 calling them upon to show cause why they should not execute personal bonds each in the sum of Rs. 2000.00 with one surety in the like amount to maintain peace because they being members of Garden Colony Committee had posed serious problems of breach of peace by instigating and provoking general public of Pooh village by misleading them by giving wrong information about the administrative inquiry pending regarding the dispute.

(3.) On 9-7-2001, the petitioners appeared before the said Magistrate who, on their failure to file replies to the show cause notices, granted them 5 days time to file the replies and simultaneously proceeded to direct the petitioners under S. 116(3) of the Code to furnish interim personal bonds each in the sum of Rs.1000.00. However, time for furnishing the personal bonds was allowed till 5 P.M. on 17-7-2001. Being aggrieved by this order, the petitioners have preferred the present revision petition.