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PRANAY VERMA
Pradeep @ Baba, S/o. Hariprasad Ghavri – Appellant
Versus
State Of Madhya Pradesh Station House Officer Through Police Station Kannod, District Dewas (Madhya Pradesh) – Respondent
ORDER :
(Pranay Verma, J.)
1. By this petition preferred under Section 482 of the Cr.P.C, the petitioner has challenged the order dated 16/4/2024 passed in Criminal Revision No.2/2024 by the Second Additional Sessions Judge, Kannod, District Dewas affirming the order dated 5/4/2024 passed in Criminal Case No.01/2024 by the Sub Divisional Officer, Kannod, District Dewas whereby in exercise of power under Section 122 of the Cr.P.C, holding the petitioner to have violated the provisions of Section 117, he has been directed to be detained in prison for a period from 5/4/2024 to 30/10/2024.
2. The Station House Officer, Kannod, District Dewas submitted a report on 1/4/2024 before the Executive Magistrate, Kannod, District Dewas against the petitioner stating that he is a habitual offender and is involved in numerous offences. On 25/8/2023 Istagasa was submitted under Section 110 of the Cr.P.C on the basis of which the Executive Magistrate directed the petitioner to execute a bond for keeping peace for a period of one year by order dated 30/10/2023. In compliance of the said order the petitioner executed a bond in a sum of Rs.25,000/- under Section 117 of the Cr.P.C. Thereafter the petiti
The court established that detention under Section 122(1)(b) of the Cr.P.C is not applicable to bonds executed for maintaining good behaviour, only for keeping the peace.
The importance of principles of natural justice, opportunity of hearing, and application of mind by the Magistrate before passing the detention order.
By following procedure established by law, personal liberty of citizens can be dealt with.
Incompetence of the 1st respondent to impose punishment under Section 122(1)(b) Cr.P.C.
Proceedings under sections 107 to 110 Cr.P.C are judicial in nature, the bar under the proviso to section 6 of the District Police Act, 1859 disentitles the the khaki personnel from exercising judici....
The central legal point established in the judgment is that the violation of a bond executed under Section 110 of the Cr.P.C can be dealt with under Section 446 of the Code and not under Section 122(....
Compliance with the principles of natural justice and the necessity of following the laid down legal principles by all Executive Magistrates.
Forfeiture of peace bond – Scope and nature of Section 107 Cr.P.C. is preventive and not punitive – Magistrate cannot alter purpose of provisions from preventive to punitive by imposing heavy quantum....
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