GAIN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition Under Section 482, Cr.P.C. has been directed against the order dated June 27,1990, passed by the Sub -Divisional Magistrate, Barmer, Under Section 116(3) of the Code of Criminal Procedure.

(2.) THE Station House Officer, Police Station, Bijrad, filed a complaint Under Section 110 Cr.P.C. against the petitioner in the Court of the Sub -Divisional Magistrate, Barmer, mentioned therein that the petitioner is engaged in smuggling activites and he is also giving shelter to the smugglers. It was further mentioned in the complaint that the petitioner's family, prior to partition of the Country, resided in Pakistan and during the partition, they came to India and the petitioner is residing in village Nawapura, but his relationship is, also, in Pakistan as well as in India. He used to go to Pakistan without any valid passport and his relatives, who are living in Pakistan, used to come without any passport and stay with him. He is, also, engaged in smuggling activities. Certain other allegations are, also, made against the petitioner in the complaint. It was, therefore, prayed that the proceedings Under Section 110, Cr.P.C. may be initiated against the petitioner. It was, also, prayed in the complaint that it is necessary in the interest of public tranquillity so that there may not be recurrence of commission of the offences by the petitioner, an order Under Section 116(3) of the Code of Criminal Procedure may, also, be passed and the petitioner may be asked to execute a bond with surety for keeping the peace and be of good behavior until the conclusion of the enquiry. On the basis of this report, the learned Magistrate, by his order dated June 27,1990, registered a case Under Section 110, Cr.P.C, issued notice to the petitioner and after the service of the notice on the petitioner, when he appeared before the learned Executive Magistrate, the contents of the notice Under Section 116 Cr.P.C. were read -over to him and thereafter an order Under Section 116(3) Cr.P.C. was passed, directing the petitioner to furnish bail -bond and personal bond in the sum of Rs. 50,000/ - each for keeping the peace and be of good behavior for a period of one year. The case was, thereafter, fixed for recording the evidence. It is against this order that the present petition Under Section 482, Cr.P.C. has been filed.

(3.) I have considered the rival submissions made by the learned Counsel for the parties; It is not correct to say that the case of the petitioner does not come within the purview of Section 110, Cr.P.C. A careful reading of Section 110 Cr.P.C. clearly shows that the case of the accused -petitioner is fully covered by the provisions of Clause (g) as well as sub -clause f(ii) of Section 110 Cr.P.C. The jurisdiction vested in the Magistrate under Chapter VIII of the Code of Criminal Procedure is a preventive jurisdiction and serves as a powerful means to secure the interest of the community from the injury at the hands of the hardened offenders. The order passed Under Section 116(3) Cr.P.C. is an order, which is preventive in nature and is not by way of any punishment for an offence. The object of this Section is to control the person habitually committing unsocial offences. The order passed by the Magistrate Under Section 116(3) of the Code of Criminal Procedure is an interlocutory order in nature and can be passed by the Magistrate when the Magistrate, after the commencement and before the completion of the inquiry under Sub -section (3) of Section 116 Cr.P.C, it he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may for the reasons to be recorded in writing, direct the person in respect of whom the order Under Section 111 Cr.P.C. has been made to execute a bond, with or without securities, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry. If the Magistrate, on the basis of the complaint, forms any opinion to the effect that any person is likely to commit a breach of peace or disturbance of public tranquillity or the commission of any offence for the public safety and if acting upon such information the Magistrate calls upon a person to show cause why he should not be bound down in the prescribed manner, then neither any rights of the parties are decided at that time nor the matter under dispute is finally disposed of. The petitioner may appear before the learned Magistrate and contest the proceedings. No interference under the inherent powers, vested in the Court Under Section 482, Cr.P.C. is called -for, as the order, passed by the Magistrate, in neither perverse nor illegal.