Section 107 of Cr.P.C. is preventive in nature, aiming to ensure public tranquility and prevent breach of peace.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred against an order dated 05.04.2019 passed by the Learned Additional Session Judge, Fast Track (3rd Court) at Barrackpore, in connection with Criminal Revision Case No. 214 of 2017, arising out of order dated 03.05.17, passed by the Court of Learned Special Executive Magistrate, Barrackpore Police Commissionerate, in connection with N.G.R. Case No. 1554 of 2016 initiated under Section 107 of the Code of Criminal Procedure, 1973.

2. The petitioner’s case is that on 13.01.16, one Bimala Dey i.e. opposite Party no. 2 lodged a General Diary at Dum Dum Police Station, being General Diary Entry No. 1237 dated 13.01.2016, stating that the petitioner, her husband namely Ajay Roy along with their daughter namely Madhumita Roy, threatened her and used slang language over the issue of previous grudge. After making entry of the general diary being General Diary Entry No. 1237, on 14.01.16 the A.S.I. namely B. Prasad along with force and lady constable left for enquiry and upon enquiry the police personals were of the conclusion that the petitioner, her husband and her daughter tried to assault the complainant i.e. opposite party no. 2 herein and used filthy language and that there was every chance of serious breach of peace in future over the above noted issue and thus the same was reported before the Special Executive Magistrate, Barrackpore Police Commissionerate, after lodging a suo moto Enquiry General Diary Entry No. 1346 dated 14.01.16.

3. On the basis of the police report a proceeding being N.G.R. Case no. 1554 of 2016 under Section 107 of the Code of Criminal Procedure, 1973 was initiated before the Court of the Learned Special Executive Magistrate, Barrackpore Police Commissionerate and by an order dated 04.05.16, the petitioner and two others were directed to show cause as to why they shall not be directed to execute bond of Rs. 1000/- each with one surety of like amount for maintaining peace for a period of six months.

4. The petitioner and two others appeared and submitted show cause on 25.05.16. On perusal of the records, i.e. complaint letter, police report, show cause petition, evidence and the arguments advanced by the Learned advocates of both the parties, Learned Special Executive Magistrate directed the petitioners to furnish a bond of Rs. 1000/- each with one surety of like amount for maintaining peace for a period of six months and discharged two others namely Ajay Ray and Madhumita Ray by an order dated 03.05.2017.

5. Being aggrieved by the order dated 03.05.2017, passed by the Learned Special Executive Magistrate, Barrackpore Police Commissionerate, an appeal in the form of Criminal Revision No. 214 of 2017, was filed under Section 373(i) of the Code of Criminal Procedure, 1973, before the Court of Learned Additional Session Judge, Fast Track (3rd Court) at Barrackpore.

6. The Learned Additional Session Judge, Fast Track (3rd Court) at Barrackpore, while passing the order dated 05.04.19 held:-

“that there lies a dispute in between the petitioner and the opposite party no. 2 and entering the dispute there and as such is likelihood of committing breach of peace by the petitioner and as such order passed by the Magistrate, is legal and justified and does not warrant any interference”.

7. And thus vide order dated 05.04.19 affirmed the order dated 03.05.17 passed in proceeding NGR case no. 1554 of 2016 under Section 107 of the Code of Criminal Procedure, 1973, passed by the Learned Executive Magistrate, Barrackpore directing the appellant to furnish bond for keeping peace for a period of six months and thereby dismissed the Criminal Revision No. 214 of 2017.

8. The proceedings in this case is under Section 107 Cr.P.C.

9. Section 107 of Cr.P.C., lays down:-

“107. Security for keeping the peace in other cases.-

(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or t