RAMESH CHANDRA SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this application under section 482, Cr. P. C. the petitioner challenges the correctness of the order of the Sub-Divisional Magistrate (Executive), Jodhpur City dated September 24, 1982 and prays for quashing the proceeding initiated against him under section 110, Cr. P. C.

(2.) BRIEFLY recounted, the relevant facts are that the Station House Officer, Police Station, Sadar Bazar, Jodhpur submitted a report in writing before the Magistrate for initiating an inquiry under section 110, Cr. P. C. against the petitioner Ramesh Chandra. It was stated in the report that Ramesh Chandra is a man of quarrel-some nature and picks-up quarrels here and there. The citizens are afraid-of in lodging reports to the police against his criminal activities. On March 8, 1982, a case under sections 341 and 323/34, I. P. C. and another case under sections 147, 148, 149, 342, 332, 353, 307 and 393, I. P. C. were registered against him at police station, Sadar Bazar, Jodhpur. It was prayed that he be directed to execute bonds for his good behaviour. The police arrested the petitioner and presented him with the aforesaid report before the Magistrate on September 24, 1982. The learned Magistrate directed him to execute bonds for putting personal appearance on every date of hearing. On October 14, 1982, a preliminary order was drawn by the Magistrate and a notice was issued to the petitioner to show cause as to why he should not be directed to execute a personal bond in the amount of Rs. 5000/- together with a surety in the like amount to be of good behaviour for a period of one year. The petitioner challenged the validity of the order passed on September 24, 1982.

(3.) IN the result, the petition is allowed and the impugned order dated September 24, 1982 is set-aside. The proceedings initiated under section 110, Cr. P. C. against Ramesh Chandra, taken in pursuance to the order dated September 24, 1982, will stand quashed. .