Manader Singh S/o Mehar Singh v. The State of Rajasthan
2004-02-25
N.N.MATHUR
body2004
DigiLaw.ai
JUDGMENT 1. - The instant revision petition is directed against the order dated 10.8.2003 passed by the S.D.M., Srikaranpur whereby he, while initiating the proceedings u/ss. 107, 116(3) & 151 Cr.P.C., has directed to arrest the petitioner and produce before him. 2. The order of the learned Magistrate issuing warrant at the first instance is ex-facie illegal. Chapter VIII of the Code of Criminal Procedure deals with security for keeping peace and good behaviour. Section 107 Cr.P.C. is a preventive provision enabling the executive Magistrate to prevent disturbance of public tranquility and breach of peace by requiring the persons who are likely to cause disturbance or breach of public peace, to execute a bond, with or without sureties for keeping peace. The provision is not meant for harassment or humiliation of a citizen, who is summoned. Thus, the provision is preventive and not punitive. Sub-section (3) of Section 116 of the Code of Criminal Procedure provides that after the commencement, and before the completion of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbances of the public tranquility or the commission of any offence or for the public safety, may for reasons to be recorded in writing, direct the person in respect of whom the order u/s. 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution until the inquiry is concluded. But he cannot, at the first instance, procure presence of such person by issuing a warrant of arrest. Thus, the impugned order dated 10.8.2003 passed by the learned SDM Srikaranpur is ex-facie illegal and deserves to be quashed. 3. Consequently, the petition is allowed. The order of the learned SDM dated 10.8.2003 is quashed and set aside.Petition allowed. *******