Sekar v. The State represented by the Inspector of Police, (Crime), Vilavancode
1994-04-05
PRATAP SINGH
body1994
DigiLaw.ai
Judgment : On the ground that the impugned order does not disclose the subjective satisfaction of the learned Magistrate that the counter-petitioners are likely to cause breach of peace, the impugned order dated 25.9.1989 by the Sub Divisional Magistrate and Sub Collector passed under Sec. 111, Crl.P.C. read with Sec. 107, Crl.P.C. was sought to be quashed. 2. To consider the ground urged, the relevant portion of the order needs extraction which read as follows: "It has been made to appear from the report of the Inspector of Police (Crime), Vilavancode, that the above mentioned counter-petitioners whose residential addresses are given above and who are residing within the jurisdiction of this Court have been indulging in acts of violence and a serious tuition has arisen endangering public peace and tranquility. I therefore, order under Sec. 111, Crl.P.C..." The relevant portion of Sec. 107, Crl.P.C., reads as follows: "107. Security for keeping the peace in other cases: (1) When an Executive Magistrate receive information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and in of opinion that there is sufficient ground for proceeding....." 3. Thus, the information received must be such that any person is likely to commit a breach of peace or disturb public tranquility or to do any wrongful act that may probably occasion a breach of peace or disturb the public tranquility etc. The relevant portion of the order which was executed above would show that the information received was not that the petitioners herein are likely to commit breach of peace or disturb public tranquility or to do any wrongful act that may probably occasion a breach of peace. Thus, one of the essential ingredients for passing an order under Sec. 111, Crl.P.C., read with Sec. 107, Crl.P.C., is significantly absent in this case and this renders the order infirm and vitiated. 4. In view of the above, the petition is allowed and all further proceedings in M.C.No. 42 of 1989 on the file of the Sub Divisional Magistrate and Sub Collector, Padmanabhapuram, shall stand quashed.