2016 Supreme(Raj) 245

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
P.K. LOHRA, J.
Shankar lal S/o Shri Rama Kishan Ji - Petitioner
VERSUS
The State of Rajasthan – Respondent
CRIMINAL MISC. (PET.)(CRLMP) NO. 3308 of 2015
Decided On : 30-08-2016

Headnote:

Criminal Procedure Code,1973 - Sections 482,110, 232 – Indian Penal Code,1860 – Sections 341, 323, 451, & 325 – Industrial disputes – Section 25-FFA - Rajasthan Habitual Offenders Act, 1953 - Section 2(a) - Quashing the entire proceeding - Habitual offender - Sureties for maintaining - bailable warrant - Facts of case are that SHO, Police Station Road submitted a complaint against the petitioner under Section 110 Cr.P.C. stating therein that he is residing within the jurisdiction of learned Magistrate and a habitual offender - Highlighting the criminal activities - Petitioner it is pleaded in the complaint activities of recidivism of petitioner is a cause of grave and serious concern for the entire locality and therefore it is desirable to ask the petitioner to execute a bond with sureties for maintaining peace and good behavior - Taking cognizance of the complaint learned Executive Magistrate issued bailable warrant against petitioner and thereupon - Petitioner has approached - Court by invoking inherent powers of this Court - For impugning action of the respondent - Petitioner has pleaded that initiation of proceeding against him is a glaring example of abuse of process - Court inasmuch - Complaint is not satisfying the requirements envisaged under Section 2(a) of the Rajasthan Habitual Offenders Act, 1953 - It is also urged in the petition that Executive Magistrate has acted mechanically without examining materials - Continuous period of five years - Whether before or after the 15th day of September, 1952 or partly before and partly after the said has been sentenced on conviction on not less than three occasions since he attained the age of eighteen years to a substantive terms of imprisonment for any one or more of scheduled offences committed on different occasions and not so connected together as to form parts of same transaction, such sentence not having been reversed in appeal or revision - Executive Magistrate directed the petitioner to be bound down under Section 110 of Code, more particularly under Section 110(e) of the Code provides that when a person habitually commits, or attempts to commit, or abets the commission of offence, involving a breach of the peace - List of which has been filed by the learned counsel for petitioner and fact that the petitioner has not been convicted in any of the cases - Matter is of the year and the period of one year has by now elapsed useful purpose would be served in allowing the proceeding to continue – Ordered Accordingly