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2011 Supreme(Chh) 18

N.K.AGARWAL
D. A. KUMAR – Appellant
Versus
STATE OF C. G. – Respondent


Advocates appeared:
Shri Sushobhit Singh, Advocate, for the Petitioners.
Shri G.D. Waswani, Govt. Advocate, for the State/ respondents.

ORDER

1. Legality and propriety of the order dated 15.09.2009 (Annexure P/ 1) passed by IInd Additional District & Sessions Judge (FTC), Janjgir, Chhattisgarh, whereby the petitioner's revision has been dismissed, is under assail in the instant petition.

2. Brief facts as projected by the petitioner are that: one S.A. Massey lodged a complaint before the Station House Officer, PS. Janjgir, against the petitioners inter-alia alleging that the petitioners are trying to harass and 'intimidate the complainant. On the basis of complaint, an enquiry was conducted; statement of certain persons were recorded and having found that the petitioners are likely to commit the breach of the peace and disturb the public tranquility, filed Ishtgasha before the Executive Magistrate, Janjgir. The Executive Magistrate, by order dated 06.04.2009 (Annexure P/2) passed a preliminary order based on information received by him from Station House Officer, PS. Janjgir, and at the same time, also passed order under Section 116 (3) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C. '); directed the petitioners to furnish personal bond of Rs. 5000/- and surety of like amount, and the matter was fixed fo




















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