Sant Ram and others vs State of Haryana

Gurnam Singh, J.—On the report made by the police of Police Station Central Faridabad, proceedings u/s 107/150, Criminal Procedure Code, 1898 (hereafer referred to as the Code) were started against the petitioners. The Sub Divisional Magistrate ordered the summoning of the petitioner. When the petitioners appeared they were ordered to furnish personal bonds in the sum of Rs. 20,000/- with one surety each in the like amount u/s 117(3), Criminal Procedure Code, 1898. The respondent-petitioners feeling aggrieved with the order of the Sub-Divisional Magistrate filed revision petition, which was heard by the learned Additional Sessions Judge, Gurgaon. The learned Additional Sessions Judge, Gurgaon found that the Sub-Divisional Magistrate has passed the order in a mechanical manner without giving any reasons and recommended that the said order be set aside.

As and when the petitioners appeared in the Court, the Sub-Divisional Magistrate ordered them to furnish bonds in the sum of Rs. 20.000/- with one surety in the like amount, failing which they should be confined in the judicial lock up. Notice u/s 112 of the Code was also served on them. In the notice u/s 112 of the Code, it is only mentioned that they even after furnishing bonds for appearance are likely to cause breach of peace during the pendency of the proceedings and, therefore, it is necessary to obtain bonds in the sum of Rs. 20,000/- u/s 117(3) of the Code, from them and he ordered accordingly.

It is settled law that the provisions of section 117(3) of Code, cannot be invoked in a mechanical manner and the order must disclose reasons and the reasons must be detailed and cogent. In the instant case the order u/s 117(3) of the Code was passed alongwith the notice u/s 112 of the Code and even in that, no reasons were given that there was any immediate breach of peace at the hands of the petitioners. The order passed by the Sub-Divisional Magistrate therefore, cannot be held to be legally correct and the same is hereby quashed and the reference made by the learned Additional Sessions Judge is accepted.