MUKANDI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under section 482, Code of Criminal Procedure (hereinafter referred to as the Code) for quashing the order dated 14th of July, 1984, of the Executive Magistrate, Kurukshetra, by which on a police report under section 107 of the Code, the learned Magistrate ordered as follows :

(2.) THE learned petitioners' counsel has contended that the mandatory provisions of sections 107 and 111 of the Code have not been complied with by the learned Magistrate while passing the impugned order. In order to appreciate this contention, it is necessary to understand the import of sections 107 and 111 of the Code, which are reproduced as under :-

(3.) AN order similar to the impugned order in the present case was considered by the Delhi High Court in Dhani Ram v. State, 1973 PLR (D) 187and while setting aside the order it was observed that in order to assume the jurisdiction to act in the manner provided by the provisions that follow section 107(1) of the Code, the Magistrate is to state in his order the grounds sufficient for his forming the opinion that any person was likely to commit a breach of the peace or was likely to disturb the public tranquility or that any such person was likely to do any wrongful act which may occasion breach of the peace or which may disturb public tranquility. If the order passed under section 107 of the Code does not specify the grounds leading to the formation of the opinion by the Magistrate then the order will not only suffer from arbitrariness and from being a mere colourable use of the statute but will also be such which the superior Court will not be able to scrutinize for judging its validity".