ALLADIN Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the Additional Sessions Judge, Sikar, recommending that the proceedings under section 107 Cr. P. C. instituted by the City Magistrate, Sikar, against Alladin and Fateh Khan be quashed.

(2.) THE facts of the case are these:-On the night of 5th May, 1950 some five or seven Hindus made a report before the Deputy Superintendent Police, Sikar, that as Alladin Patwari wanted to marry a Hindu widow after converting her to Islam a crowd of Hindus and Sindhis bad collected and a breach of the peace was apprehended. Upon this report the D. S. P. and A. S. I. Hari Shanker with two constables proceeded to the spot and found that hundreds of Hindus had collected in several groups and were saying that Alladin had concealed the woman and was not disclosing any information as to her whereabouts. THEy also came to know that Alladin had at first kept the woman with Fateh Khan who subsequently refused to keep her and returned her. THEy also saw that some Mohammedans had also collected armed with lathies. THEy found the woman in the house of one Mali. She told them that she had come from her village in connection with a case relat-ing to land which was pending in the local court and that she fell into the clutches of Alladin in Sikar. THE D. S. P. submitted a report to the Superintendent of Police with the request that proceedings might be instituted against Alladin under Security Ordinance and against Fateh Khan under section 107 Cr. P. C. THE Superintendent of Police, Sikar, forwarded this report to the City Magistrate Sikar with his remarks that both the persons be bound down to keep the peace by executing a bond for Rs. 10000/- with atleast 10 sureties. THE City Magistrate on 8th May 1950 after examining Hari Shanker A. S. I. Kotwali issued a notice to Alladin to show cause why he should not be ordered to execute a bond for Rs. 5000/- with two sureties of Rs. 2500/- each and also Fateh Khan with this difference that the amount of bond in his case was Rs. 3000/1 with two sureties for Rs. 1500/- each. On the same day on a report of the Prosecuting Inspector the Magistrate ordered both Alladin and Fateh Khan to execute personal bonds for Rs. 5000/- and Rs. 3000/-respectively with two sureties for half the amount each for keeping the peace until the conclusion of the inquiry and also for attending his court whenever so required. Alladin and Fateh Khan moved the Sessions Judge, Sikar, in revision against this order. Hence this reference.