JAI SINGH SEKHON,J - (1.) THE petitioners have sought the quashment of the proceedings under Section 107 read with section 151 of the Code of Criminal Procedure instituted against them by the police of P. S. Narnaul in the Court of Executive Magistrate, Narnaul on the ground that no overt act has been attributed to the petitioners and that the Executive Magistrate while passing the order under section III of the Code had not applied his mind to the facts of the case and without passing a speaking order had summoned both the parties to appear on 22.5.1989.
(2.) I have heard the learned counsel for the parties. A bare perusal of the certified copy of the Calender (Annexure P 1) submitted for security proceeding reveals that these proceedings were instituted only on the ground that there was party faction in the village and that both the parties are evading to join the investigation in cases registered vide FIR No. 14 of 1989 dated 11.1.1989 under sections 324 etc. Indian Penal Code and FIR No. 96 of 1989 under Section 307 etc. Indian Penal Code against the present petitioners. It is further maintained that both the parties belong to different factions and are evading to appear before the investigator because of political influence and that these persons call at any time cause/commit an unpleasant incident. Thus, the allegations in the police report, even if taken to be true, do not ex-facie make out a case for reasonable apprehension on the part of the petitioners for breach of pence what to say of imminent apprehension. The matter does not rest here as the Executive Magistrate has simply passed the following order without application of mind :- "This calendar today submitted by the police. Both the parties are summoned to appear on 22.5.1989. The provisions of section III of the Code of Criminal Procedure provide that the Magistrate while issuing show-cause notice to the respondents shall make an order setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be enforced and the number, character and class of the sureties (if any) required. Thus it is a clear case of violation of the mandatory provisions of Section III of the Code on the part of the Magistrate which will certainly result in vitiating the proceedings as without passing a speaking order, the Magistrate cannot bind down the parties to keep the peace.
(3.) FOR the foregoing reasons, the above referred proceedings and the order of the Executive Magistrate are ordered to be quashed by accepting this petition under section 482 of the Code of Criminal Procedure.;