CHITTAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS, revision petition filed on behalf of Chittar Singh and nine others, against the order dated August 20, 1971, of Mr. Rama Kant, learned District Magistrate, Bhilwara.

(2.) THE succinct facts of this case are that there existed some dispute between Bhura on the one side and Chittar Singh and his partymen, on the other, regarding some agricultural land, situate in village Sethuria. Bhura apprehended breach of the peace. He, therefore, made an application on December 18, 1967, under sec. 107, Cr. P. C in the court of First Class Magistrate, Bhilwara, against as many as 21 persons, including the 10 petitioners. A case was then registered under sec. 107 Cr. P. C. , on February 16, 1968. THEreafter notices were issued under sec. 112 Cr. P. C. the same day to show cause as to why they should not be bound over to keep the peace and be of good behaviour for a period of one year. That period expired. THEreafter proceedings continued On 15-4-1969, orders were passed to the effect that non-petitioners should execute bonds to keep the peace and be of good behaviour for one year. Pursuant to that order bonds had been executed. On July 1, 1969, Bhura made an application that on June 3, 1969, he, his wife and other members of his family were going to Sethunia and on their way the non-petitioners way-laid them and hurled abuses at them. THEy also wanted to break the peace. Bhura referred to one more incident of June 26, 1969, relating to the threatened breach of the peace. THE Magistrate gave notices to the non-petitioner under sec. 514 Cr. P. C. THE non-petitioners submitted their replies on September 8, 1969. THEreafter the Magistrate conducted an inquiry. THE Court ultimately exonerated the non-petitioners from the charges of the alleged incident of June 3, 1969. Another application was moved by Bhura on November 3, 1969, in which he mentioned the incident of November 2, 1969. Eventually, on February 15, 1971, after necessary inquiry, four persons, namely, Chittar Singh, Gordhan Singh, Fateh Singh, and Hukma, were held to have conducted themselves contrary to the terms of their bonds and, therefore, their bonds were forfeited and each of them was subjected to the penalty of Rs. 500/ -. THE rest of the non-petitioners were absolved.