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K. SREENIVASA REDDY
P. Goutham Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
K. Sreenivasa Reddy, J. - This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed to quash the proceedings in M.C. No. 4/2019 on the file of 2nd respondent- Additional District Magistrate and Commissioner of Police, Vijayawada Metropolitan Area, Vijayawada, dated 08.03.2019, under Section 111 of the Code of Criminal Procedure, 1973 (Cr.P.C.), whereby, 2nd respondent directed the petitioners and unofficial respondents herein to show cause as to why they should not be ordered to execute bonds with sureties for the like sum of Rs. 20,000/- each, in order to keep peace for a period of one year.
2. Heard Sri Y.V. Ravi Prasad, learned senior counsel appearing for petitioners and the learned Additional Public Prosecutor representing 1st respondent-State. Though notice was served on unofficial respondents, they did not choose to make appearance.
3. Learned senior counsel appearing for the petitioners contended that the impugned proceedings in M.C. No. 4/2019 initiated by 2nd respondent-Additional District Magistrate, by passing order dated 08.03.2019, is totally on non-application of mind, and there is no material brought before 2nd respondent as t
Proceedings under Section 111 of the Cr.P.C. must be based on fresh material or occurrence to affect breach of peace, and cannot be initiated without any such material or occurrence.
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Executive Magistrates cannot initiate proceedings under Section 145 Cr.PC if a civil suit related to the same property is ongoing, as it encroaches on civil jurisdiction without established emergency....
(1) Apprehension of breach of peace – Sections 145 and 146 of Cr.P.C. together constitute a scheme for resolution of a situation where there is a likelihood of a breach of peace because of a dispute ....
A preliminary order under Section 107 requires clear evidence of imminent threat to public peace, not merely past criminal involvement.
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