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SHAMPA DUTT (PAUL)
Mousumi Roy – Appellant
Versus
State of West Bengal – Respondent
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
Section 107 of Cr.P.C. is preventive in nature, aiming to ensure public tranquility and prevent breach of peace.
The necessity for the magistrate to provide concrete evidence of a threat to peace before issuing orders under Section 107 of the CrPC.
The main legal point established in the judgment is the mandatory nature of the procedural requirements under Section 107 and 111 of Cr.P.C., emphasizing the need for a full-fledged judicial enquiry ....
The Magistrate's failure to include substantive information in peace bond orders violates statutory mandates, necessitating procedural compliance to uphold public order.
A preliminary order under Section 107 requires clear evidence of imminent threat to public peace, not merely past criminal involvement.
Invocation of Section 107 requires the Executive Magistrate's satisfaction of specific grounds for potential breach of peace, which was not met in this case.
Executive Magistrates must provide substantive information in orders for peace bonds as per BNSS sections 126 and 130.
An Executive Magistrate can initiate proceedings under S. 107 Cr.P.C. without a prior incident if there is a likelihood of a breach of peace.
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