Vijay Lakshmi, J. - (1.) The petitioners by means of this petition under Article 227 of the Constitution of India have prayed to set-aside the order dated 09.1.2014, passed by the Sub Divisional Magistrate, Dhampur, Bijnor in Case No.1802/1803 of 2013 under Section 107/116 Cr.P.C., P.S. Afzalgarh, District-Bijnor. Prayer has also been made to quash the order dated 15.7.2017 passed by Special Judge, Bijnor in Criminal Appeal No.13 of 2014, preferred against the aforesaid order of the Sub Divisional Magistrate, Dhampur, Bijnor.
(2.) Heard learned counsel for the petitioners and the learned A.G.A. on behalf of all the respondents. Perused the records.
(3.) Some background facts in brief are that on the basis of a Chalani report dated 29.4.2013, filed by Station Officer, Police Station-Afzalgarh, District-Bijnor, (Annexure-No.1), the Sub Divisional Magistrate, Dhampur, Bijnor issued a notice under Section 111 Cr.P.C. to the petitioners on 04.5.2013 fixing 14.5.2013 for their appearance. On 14.5.2013, both the parties were directed to execute bonds of Rs.50,000/- each for keeping peace. However, on 07.9.2013, the Station Officer, Police Station-Afzalgarh, District-Bijnor moved an application before the Sub Divisional Magistrate, Dhampur, Bijnor that despite executing a bond of Rs.50,000/- by each under Section 107 Cr.P.C. for keeping peace, the petitioners and other co-accused persons have disturbed the public tranquility by committing 'Maarpeet' with each other and thereby committed the breach of peace, as a result, a Criminal Case No.340/2013 under Sections 147,148,149,452,307 and 504 I.P.C. has been registered against them. Prayer was made that the amount of their bail bonds be forfeited. On the aforesaid prayer, a notice under Section 116 (3) Cr.P.C. was issued to the petitioners on 16.9.2013 by Sub Divisional Magistrate,Dhampur, Bijnor and both the parties were given opportunity to file their objections against the order of forfeiture of bonds. The learned Sub Divisional Magistrate, Dhampur, Bijnor after hearing both the parties, passed the impugned order whereby forfeiting the personal bonds of Rs.50,000/- filed by each of the petitioners along with personal bonds of other co-accused persons. It was also directed that the amount of bonds be recovered as arrears of land revenue from the petitioners.;