MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal misc. petition has been filed under Sec. 528 BNSS by the petitioner aggrieved against the order dtd. 19/5/2025 passed by the learned Executive Magistrate and Tehsildar, Pali under Sec. 129 BNSS directing the petitioner to execute a bond for maintaining peace for a period of 12 months.

(2.) The brief facts of the case are that proceedings were initiated on a complaint filed by the then S.H.O., under Sec. 129 BNSS alleging that the petitioner is a habitual offender and that preventive action was necessary to maintain public peace within the district. The learned Trial Court, relying upon the report and antecedents placed on record, passed the impugned order dtd. 19/5/2025. The petitioner being aggrieved by the said order, has approached this Court challenging its legality and propriety.

(3.) Learned counsel for the petitioner submits that complaint under Sec. 129 BNSS has been filed by the agency out of malice and without placing proper and complete information before the learned trial court. Counsel further submits that though a list of antecedents was produced, the petitioner has been acquitted in almost all the cases and only one case is stated to be pending against him. Despite this, the learned trial court has arbitrarily treated the petitioner as a habitual offender and passed the impugned order.