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2009 DIGILAW 498 (JK)

Sewa Singh v. State

2009-10-20

SUNIL HALI

body2009
1. On the complaint filed by one Gunwant Singh-respondent No.3 herein, alleging therein that the petitioners assaulted and threatened to kill him, an FIR under Section 107/117 of the Code of Criminal Procedure came to be lodged in police station Gandhi Nagar, Jammu, against the present petitioners. The said complaint has been presented before the learned Executive Magistrate, 1st Class, Jammu, by the SHO concerned. 2. Petitioners have filed the present petition under Section 561-A of the Code of Criminal Procedure for quashing the FIR as also the proceedings initiated against them by the learned Executive Magistrate, 1st Class, Jammu. 3. Learned counsel for the petitioners submit that the provisions of Section 107 of the Cr.P.C., are not applicable to the present case. 4. It is stated that taking into consideration the allegations levelled against the petitioners, it could be a case of any other substantive offence but not under Section 107/117 Cr.P.C. Heard learned counsel for the parties. 5. Section 107 of the Cr.P.C., is preventive in nature and is intended to maintain the peace and public tranquility in the area. If any person who commits an act which results in disturbing the peace and public tranquility of an area, he can be bound down by directing him to execute a bond for keeping the peace in the said area provided such an act is against the public at large. However, any act which has no result of disturbing the peace of a particular area but is intended to cause harm to a particular person would not fall within the purview of Section 107 of the Cr.P.C. 6. A perusal of the complaint in the present case shows that the allegations against the petitioners are that they assaulted the complainant and threatened to kill him. The said act of the petitioners cannot be said to be an act which has resulted in disturbing the peace and public tranquility of the area, and therefore, would not be covered by the provisions of Section 107 of the Cr.P.C. 7. For the reasons mentioned above, this petition is allowed. The impugned complaint as also the proceedings initiated pursuant thereto by the learned Executive Magistrate, 1st Class, against the petitioner shall stand quashed. Disposed of accordingly.