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2004 DIGILAW 557 (RAJ)

Pepa Ram v. State of Rajasthan

2004-04-09

N.N.MATHUR

body2004
JUDGMENT 1. - By way of instant petition u/s. 482 Cr.P.C., petitioner has challenged the order of the Executive Magistrate, Shergarh, District Jodhpur in Case No. 15/2001 u/s. 110 Cr.P.C. 2. The proceedings against the petitioner u/s. 110 Cr.P.C. have been registered on a complaint filed by SHO, Police Station, Dechu on 17.2.2001. It is alleged that the petitioner is a person of dangerous character and is in the habit of quarreling with the people. Reference has been made to three cases i.e. (1) C.R.No. 2 dated 11.1.1997 u/ss. 341, 323 IPC, (2) C.R. No. 131 dated 24.10.1999 u/ss. 341, 323 & (3) C.R. No. 145 dated 12.10.2000 u/ss. 447, 379 IPC. It is submitted by the learned counsel that the learned Magistrate has initiated the proceedings against the petitioner without satisfying that on the basis of material on *record, the petitioner can be branded as a person of dangerous character. He has pointed out that as far as C.R. No. 2 dated 11.1.1997 is concerned, on 3.3.1997, the Court declined to take cognizance against the petitioner. As far as two other cases are concerned,they pertain to a dispute with one Gordhan Singh, who is a retired police personnel, with respect to land which are purely civil in nature. Gordhan Singh being a retired police inspector, has abused the process of the Court by getting the complaint filed against the petitioner u/s. 110 Cr.P.C. 3. Having perused the material on record, I am of the view that the learned Magistrate, as usual, in such proceedings like any other Executive Magistrate in the State Government in a light hearted manner against the provisions of Section 110 Cr.P.C. has initiated the proceedings. On the basis of material available on record, petitioner cannot be branded as a dangerous person. It is essentially a civil dispute between the petitioner herein and Gordhan Singh. It is different thing that the SHO, P.S., Dechu has preferred to oblige an ex police personnel viz , Gordhan Singh but it was expected of the Executive Magistrate, Shergarh to have applied his mind to the facts of the case before initiating proceedings u/s. 110 Cr.P.C. The learned Magistrate has not even bothered that the provisions of Section 110 Cr.P.C. do not permit a Magistrate to pass an order for arrest of a person at the first instance. I am satisfied that the proceedings initiated against the petitioner are gross abuse of process of Court. In the interest of justice and to prevent abuse of process of Court, such illegal proceedings deserve to be quashed. 4. Consequently, the petition is allowed. The proceedings u/s. 110 Cr.P.C. being Case No. 15/2001 pending in the Court of Executive Magistrate, Shergarh, District Jodhpur, stand quashed. A copy of this order be sent to the District Magistrate, Jodhpur as well as the Executive Magistrate, Shergarh.Petition allowed. *******