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The proceedings under section 107 of Cr.P.C are preventive in nature and intended to maintain peace and tranquility in the area: High Court of J&K and Ladakh

If any person who commits an act that results into disturbing the peace and public tranquility of an area, he can be bound down by directing him to execute bond for keeping the peace in the said area, provided such an act is against the public at large as held by the Hon’ble High Court of J&K and Ladakh through a learned bench of Justice Rajnesh Oswal in the case of Masood Ahmed and another Vs Executive Magistrate Ist Class, Doda and others [APPCR No. 40/2015 c/w CRMC No. 396/2015 (O & M)].

The petitioner No. 1 appeared in person and has vehemently argued that no proper procedure has been followed by the respondent No. 1 for issuing the process against the petitioners. On the other hand, Mr. Suneel Malhotra, GA submitted that there is no illegality in the order impugned and the petitioners have been rightly summoned by the respondent No. 1.

The Hon’ble Court after hearing both the sides observed that it is evident that an application was filed by the respondent No. 6 before the Senior Superintendent of Police, Doda, who marked the same to the In-charge, Police Post, Kastigarh, Doda. In the said application, it is stated that the petitioners often threaten the respondent No. 6 and his family members with regard to the some ancestral land and they also abuse him. Pursuant to the said application, complaint under section 107/117 Cr.P.C was filed before the respondent No. 1 and the respondent No. 1 vide order dated 03.07.2015, summoned the petitioners.

In conclusion, while referring to the judgment of Supreme Court in the case of Madhu Limaye vs. S.D.M. Mongyr 1971AIR(SC)2486, it was stated that “The proceedings under section 107 of Cr.P.C are preventive in nature and intended to maintain peace and tranquility in the area. If any person who commits an act that results into disturbing the peace and public tranquility of an area, he can be bound down by directing him to execute bond for keeping the peace in the said area, provided such an act is against the public at large. A perusal of the order impugned reveals that nothing has been mentioned except the proceedings under section 107/117 of Cr.P.C have been filed against the petitioners. The Magistrate was required to set forth the substance of the information received in the order so as to enable the petitioners to know about the said information but he has not done so. Learned Magistrate has nowhere recorded his opinion that there exists sufficient ground to take action under the provision of 107 of the Code.”

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Judgment reviewed by – Aryan Bajaj

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