Order:

This writ petition under Article 226 of the Constitution of India is filed to declare the summons issued by the 2nd respondent-Tahsildar in M.C.No.62/2021 pursuant to the FIR registered in Crime No.350/2021 under Sections 107 and 145 of Cr.P.C as illegal, irregular, arbitrary and without jurisdiction and consequently to quash the same.

2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home appearing for respondents 1 and 3; and the learned Assistant Government Pleader for Revenue appearing for respondent No.2.

3. It is a peculiar case where an FIR was registered in Crime No.350/2021 under Sections 107 and 145 of Cr.P.C and based on the said report, the 2nd respondent-Tahsildar initiated proceedings and issued summons to the petitioner in M.C.

No.62/2021.

4. The facts of the case reveal that the 3rd respondent-

Station House Officer of Duvvada Police Station registered an FIR in Crime No.350/2021 under Sections 107 and 145 of Cr.P.C. On the basis of the said FIR, the 2nd respondent- Tahsildar initiated the proceedings in M.C.No.62/2021 and issued summons to the petitioner to appear before him.

5. The very registration of the said FIR in Crime No.350/2021 under Sections 107 and 145 of Cr.P.C on the face of it, it is ex facie illegal. Chapter VIII of Cr.P.C deals with security for keeping the peace and for good behaviour. It contains Sections 106 to 124. Section 107 thereof envisages that on receipt of information that any person is likely to commit a breach of peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of peace and if the Executive Magistrate is of the opinion that there is sufficient ground for proceeding, he may, require such person to show cause why he should not be ordered to execute a bond for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. Upon conducting enquiry in this regard as per procedure the Executive Magistrate ultimately if he finds that such person is indulging in acts of committing breach of peace or disturbing the public tranquillity or doing any wrongful act, that may occasion breach of peace, the Executive Magistrate may pass an order in writing requiring the said person to execute a bond for the amount specified by him. Therefore, it is now clear from the aforesaid provisions that the said provisions contained in Chapter VIII relate only to prevent breach of public peace and tranquillity when a person is found to have been indulged in disturbing the public tranquillity or peace. It is only a provision of preventive in nature and not penal in nature. Further, it is not contemplated that an FIR is to be registered for initiating any such proceedings under Section 107 of Cr.P.C.

6. Similarly, Chapter X of Cr.P.C deals with maintenance of public order and tranquillity and it contains Sections 129 to

148. Section 145 thereof envisages that when an Executive Magistrate, either on a report of a police officer or upon other information, is satisfied that there is a dispute likely to cause a breach of peace exists concerning any land or water or boundaries thereof, shall make an order in writing, stating the grounds of his being satisfied, and require the said person to attend before him in person or by pleader and file written statement. Thereafter, as per the procedure prescribed therein, an enquiry is to be conducted and ultimately if he is satisfied that there is a dispute existing relating to land or water or boundaries thereof which may likely to cause breach of peace, pass an order as required under law. Again Section 145 of Cr.P.C also does not contemplate the registration of FIR. Both Sections 107 and 145 of Cr.P.C does not contemplate registration of FIR as the proceedings relating to the said provisions are not offences and penal in nature.

7. FIR can be registered only relating to a cognizable offence under Section 154 of Cr.P.C. Even in case of non- cognizable off