GOPALLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision, the petitioner Gopal Lal has challenged the proceedings under section 110 Cr. P.C. instituted against him by the learned Executive Magistrate, Ladnu.

(2.) I have heard the learned counsel for the petitioner and the learned P.P. and have gone through the record. It is agreed that the main revision may finally be disposed of at this stage.

(3.) On 18.1.85 the S.H.O. Ladnu filed a complaint under section 41/110 Cr. P.C. against the petitioner Gopal Lal in the Court of the learned Executive Magistrate, Ladnu, stating therein that the non-petitioner Gopal Lal was a bad character quarrelsome person and was in the habit of making false complaints and also used to quarrel with people and beat them. It was further stated that a case under sections 451 and 325 I.P.C. was registered against him on 17.9.84 on-the report filed by one Loonkaran and that there were other entries in the Rojnamacha of the Police Station wherein his illegal acts as a wagabond had been recorded. At the end, it was also mentioned that as he was a wagabond and a dangerous person, his free existence in the society was hazardous and, therefore, he should be bound down. Alongwith this complaint the F.I.R. filed by Lookaran, the challan prepared by the police on that F.I.R. and the three reports recorded in the Rojnamacha were submitted. On the perusal of this complaint, the learned Executive Magistrate on that very day passed an order to the effect that a complaint has been filed by the S.H.O.; Ladnu, showing that the non-petitioner was a. dangerous person and his free existence in the society was hazardous and that a number of cases have been registered against him before the police therefore, a case under section 41/110 be registered and a warrant of arrest be issued against the non-petitioner and the case may be put up on 25.1.85.