VIRENDRA JAMES Vs. STATE OF RAJ.

JUDGEMENT

(1.) Present petition has been filed under Section 482 Cr.P.C. praying that the show-cause notice issued and the simultaneous order passed thereupon binding the petitioner for the period of three months to maintain peace be set aside as they are contrary to the ratio of law laid in Madhu Limaye & Anr. vs. S.D.M. Monghyr, 1971 AIR(SC) 2486. Counsel for the petitioner has submitted that petitioner had received a show-cause notice on 8th April, 2014 asking him to appear before the Sub-Divisional Magistrate cum Assistant Police Commissioner, Jaipur on 9th April, 2014 at 10.00 A.M.

(2.) It will be apposite here to reproduce show-cause notice sent to the petitioner:-

(3.) A perusal of the above said show-cause notice revels that in the show-cause notice nothing was stated as to what information was received and what is the amount of the bond which petitioner has to furnish. Counsel for the petitioner has submitted that even in the show-cause notice it was not stated that what is the apprehension and reasons to assume that petitioner will commit breach of peace. Counsel for the petitioner has submitted that not only show-cause notice was bereft of necessary details but on the back of it, order was also passed by the Sub-Divisional Magistrate cum Assistant Police Commissioner, Jaipur that petitioner should furnish bond and should bind himself to maintain peace for a period of three months.