SHIBLAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The six petitioners have been bound down in a proceeding under Section 107 of the Code of Criminal Procedure in a bond of Rs. 1000/- each with two sureties of the like amount to keep peace for a period of one year and, in default, to undergo simple imprisonment for the same period.

(2.) It was on the basis of a Police report dated 12-2-1960 that this proceeding was started against the present petitioners and five others and another proceeding against Thakur Prasad Mishra, opposite party No. 2 and five others. The two proceedings proceeded separately, but side by side and judgments in both of them were delivered by the trial court on, the same date, being 2-2-1981. The proceding against opposite party No. 2 and others was dropped, but the present petitioners along with five others were bound down. On appeal, the order of the trial Court against the six petitioners has been confirmed and it has been set aside against the other five. The, petitioners have since filed this application in revision.

(3.) The facts of the case may be stated in brief. The proceeding was started, as mentioned above On the basis of a police report. The police had been in the locality of the parties to investigate a case between them. This case related to an incident of 9-2-1960 under sections 143 and 379 of the Penal Code. The Police reported that the relations between the parties were strained and that they had been fighting litigations among them. The report referred to a previous proceeding under Section 107 of the Code of Criminal procedure, which terminated before the trial Court on 8-1-1960, and in that proceeding the petitioners had been bound down, but it later transpired that they had been acquitted by the Court of appeal. The police report referred to a proceeding under Section 133 of the Code of Criminal procedure, which was pending between the parties. It further referred to another incident of 7-2-1960 regarding theft of certain crops and threat of assault at the hands of some of the petitioners. The police recommended action under Section 107 of the Code against both the parties, and accordingly proceedings were started against both. I am no longer concerned with the proceeding against the opposite party.