Prithvi Singh vs State Of Rajasthan And Ors

The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking the following relief :-

"It is therefore, most humbly and respectfully prayed that this misc. petition may kindly be allowed and the order dated 23.10.2018 passed by Sub Divisional Magistrate, Rohat, District Pali by which proceedings under Section 110 Cr.P.C. have been initiated against the petitioner without there being any legal evidence and material may kindly be quashed and set aside."

Learned counsel for the petitioner has demonstrated from the complaint dated 23.10.2018 of the concerned police station that there are 6 cases against the petitioner and the complaint itself admits that out of 6 cases, the petitioner has already been acquitted in 4 cases. Learned counsel for the petitioner further states that the petitioner is an elected Sarpanch and is being unnecessarily harassed due to Assembly elections.

Learned P.P. submits that the Assembly elections are already over and the report dated 23.10.2018 can very well be explained to the competent authority so as to seek relief which the petitioner is seeking before this Court.

Section 110(g) Cr.P.C. reads as under:-

"110. Security for good behaviour from habitual offenders.-When an Executive Magistrate receives information that there is within his local jurisdiction a person who-

(a) to (f)

(g) is so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit."

After hearing the learned counsel for the parties and after perusing the material available on record, this Court is of the opinion that Section 110 Cr.P.C. envisages that if a person is hazardous to the society, then he may be required to show cause as to why he should not be ordered to execute a bond, with sureties, for his good behaviour. Admittedly, the petitioner has not explained to the competent authority that there are no circumstances for executing any bond. The petitioner should appear before the competent authority and explain the circumstances that in light of he being an elected Sarpanch and in light of the fact that his credentials did not warrant the same, therefore, there is no reason to execute the bond for good behaviour.

In view of the above, the present misc. petition is disposed of with liberty to the petitioner to appear before the competent authority (S.D.M., Rohat) and explain as to why the bond for good behaviour should not be executed in his case. The competent authority shall decide the same in accordance with law.