AIR 1972 SUPREME COURT 2225 ::1973 MadLW (Cri) 253 ::1974 AllCriR 40 ::1973 MadLJ(Cri) 572 ::1974 BLJR 79 ::1972 PatLJR 500 ::1973 (1) SCR 738 ::1973 2 SCJ 531 ::1972 SCC(Cri) 870 ::1972 SCD 915

Supreme Court Of India

(From : Patna)

Hon'ble Judge(s): I. D. Dua, H. R. Khanna , JJ

(A) Criminal P.C. (5 of 1898) , S.107— Court could drop proceedings by taking into account subsequent events. BRIEF NOTE: Proceedings under S.107, Cr. P. C. can continue despite the fact that the period for which the bond was required to be executed expired. But the Court is not precluded from taking into account the subsequent events. If the material on record discloses that because of the happening of a subsequent event the danger of breach of peace has disppeared, the Court can drop the proceedings and discharge the person proceeded against. If the Court finds that since the date of incident complained, a very long period (in the present case thirteen years) has elapsed during the course of which nothing untowards has happened, Court may well draw the inference that the danger of breach of peace has vanished.(Para 6 7) (B) Criminal P.C. (5 of 1898) , S.107— Object of section is preventive and not penal - Power should be exercised in accordance with law. (Para 5) .....