KAMLESH KUMARI JAIN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has approached this Court in extraordinary jurisdiction of this Court to quash the order dated 7.8.1998 passed by the Respondent No. 2, Sub -Divisional Magistrate, Sadar, Patna, initiating the proceeding under Section 107 of the Code of Criminal Procedure vide Case No. 508/M/1998 by issuing notice to the parties to file show cause as to why they should not be ordered to execute the bond for a sum of Rs. 5000/ - to keep peace for a period of one year and the order dated 25.7.2000 passed by the Additional District and Sessions Judge -VI, Patna, in Criminal Revision No. 438 of 1998, whereby the learned Additional District Judge -VI, Patna, dismissed the aforesaid Criminal Revision as preferred by the petitioner for quashing the notice dated 8.8.1998, issued under Section 107 of the Code of Criminal Procedure, and also the entire proceeding in Case No. 508/M/1998 under Section 107 of the Code of Criminal procedure pending in the court of the Respondent No. 2, Sub -Divisional Magistrate, Sadar, Patna. On going through the record of the case, it appears that the proceeding under Section 107 of the Code of Criminal Procedure was initiated in the year 1998. There is no further report about the commission of overt act at the hands of the member of the second party -petitioner. The proceeding has been stale. The initiation of proceeding under Section 107 of the Code of Criminal Procedure is of preventive in nature to restrict the breach of peace.

(2.) THUS , this application is allowed and the proceeding under Section 107 of the Code of Criminal Procedure vide Case No. 508/M/1998 pending in the court of the Respondent No. 2, Sub -Divisional Magistrate, Sadar, Patna, is hereby quashed.