2006 CRI. L. J. 1135 ::2006 (1) AIR Bom R 465 ::2006 (1) Bom CR(Cri) 9 ::2005 (4) Bom LR 1149 ::2005 Bom LR 4 1149 ::2005 All MR(CRI) 2951

Bombay High Court

Hon'ble Judge(s): Abhay S. Oka , J

Criminal P.C. (2 of 1974) , S.107, S.111— Breach of peace - Security for keeping peace - Order directing to furnish bond - Provisions of Code are to be scrupulously followed - Order passed in printed form, showing complete non-application of mind and relied upon non-existing evidence - Neither procedure prescribed was followed nor separate order as contemplated by S. 111 setting forth substance of information received was passed - order liable to be set aside. The power under S. 107 can be exercised when the Special Executive Magistrate receives an information that any person is likely to commit breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of peace or disturb the public tranquillity. The said action further provides that if the Executive Magistrate is of the opinion that there is sufficient ground for proceeding, he may in the manner provided in the Code require such person to show cause why he should not be ordered to execute a bond (with or without sureties) for keeping peace for such period, not exceeding one year, as the Magistrate deems fit. S.111 of the said Code mandates that when a Magistrate acting under S.107 deems it necessary to require any person to show cause, he shall make an order in writing setting forth the substance of the information received, the amount of the bond t....