( 1 ) THIS petition has been brought under Section 482 of Code of Criminal Procedure seeking quashment of the proceedings pending in the Court of Shri R. Kumar, Special Executive Magistrate, West District Delhi under Sections 107/150 of the Code. I have heard Shri P. P. Grover, learned eoungel for. the petitioner and Mrs. Usha Kumar for the State for finally disposing of this matter. The perusal of the record show that Smt. Rani Afagh had filed a complaint with S. H. O. of Police Station Tilak Nagar on July 6, 1989 in which she pleaded that the petitioners Who are accused in case FIR No. 197 of 1986 under Sections 302/307 read with Section 34 Indian Penal Code. and Sections 25/27 of the Art Act have been threatening the complainant and her family members with dire consequences if the witnesses were to depose against them in the aforesaid case.

( 2 ) SHE alleged that on June 23, 1989 during the day time Hari Ram came at her residence alongwith a bad character and held out the threat that if the applicant and other witnesses were not to withdraw their evidence already given in the Court, they shall bear the dire consequences and he threatened that in case other witnesses gave evidence in that case against him and his sons, they will also face the dire consequences, He is also stated to have held out the threats that his son Tavinder Kumar who is on ball and other som Lalit Kumar who is a proclaimed offender in the said case would set them right and that he would also start living in the neighbourhood and get the complainant and her witnesses liquidated. It was pleaded by her that she and her family members are feeling unsafe and terrified on account of the said threats and necessary protection be afforded to her and her family members and special efforts be made to apprehend the accused who is proclaimed offender and application may be moved for getting the bail of Hari Ram and his son Tavinder Kumar cancelled from the High Court.

( 3 ) STATEMENTS of Mohan Lal, Chander Kanta and of the complainant were recorded on July 22, 1989 by the police and a kalendra dated July 22, 1989 was put in before the Special Executive Magistrate for taking action against Hari Ram and Tavinder under Sections 107/150, of the Code of Criminal Procedure.

( 4 ) THE file of the case shows that a cyclostyled proforma stood filled in without any date or signatures of the learned Magistrate which I reproduce below:

"in the Court of Shri R. Kumar, SEM, West Distt. State Versus Hari Ram S/o Lal Chand Under Section : 107/150 IPC Police Station : Tilak Nagar Order SHO Tilak Nagar has sent this kalandra under Sections 107/150 Cr. P. C. against the above respondent (s) who is/are present in custody. I have gone through the kalandra other facts and I have come to the conclusion that there are sufficient grounds to proceed against the respondents. I, therefore, order that Notice under Section 111 Criminal Procedure Code. be issued to the respoadents asking him/them to show cause why be/they are aot ordered to execute a personal bond in the sum of Rs. 3. 000. 00 with one surety/two sureties in the like amount for keeping peace for a period of one year Notice (s) have been read over to the respondents in vernacular who have not admitted the contents of the same and claim to be trial. After going through the police report bearing the parties respondent (s) and considering the statement of the IO Public Witness 1. I ato satisfied the immediate measures are necessary for the prevention of breach of peace of the commission of any offence pendents of the proceedings. I, therefore, order the respondent (s) under Section 116 (3) Code of Criminal Procedure to execute a personal bond in the sum of Rs. 3,000. 00 with one surety in the like amount for keeping peace until the conclusion of the proceedings that be/ the shall be detailed in judicial custody under the said bond executed. Case to come on. . . . . . . . . . . . . . . . . . SPECIAL EXECUTIVE MAGISTRTE.