ORDER:

Heard learned counsel for the petitioners/accused Nos.1 to

7 and the learned Assistant Public Prosecutor for the respondent-

State.

2. This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking to quash the F.I.R.No.112 of 2019 on the file of Inavole Police Station, Guntur District registered under Section 107 of Cr.P.C., and also issued nd summons based on the said FIR by the 2 respondent in M.C.No.10/2019-E on the file of Sub Divisional Executive Magistrate-cum-Revenue Divisional Officer, Narasaraopet, Guntur District.

3. Learned counsel for the petitioners/accused Nos.1 to 7 would submit that the matter is covered by the order passed by a learned Judge of this Court in Criminal Petition No.4964 of 2021 dated 03.09.2021, whereby while quashing the F.I.R registered for similar offences, it was held that F.I.R., cannot be registered for the proceedings under Section 107 and Section 145 of Cr.P.C. Therefore, he would submit that the petitioners, who are similarly placed, are also entitled for quash of the F.I.R., and seeks to quash the F.I.R., registered against the petitioners/accused Nos.1 to 7. The learned Assistant Public Prosecutor fairly submits that the matter can be disposed of in the light of the above mentioned decision.

4. The relevant portion of the above mentioned order reads thus:

“Chapter VIII of Cr.P.C., deals with security for keeping the peace and good behavior. It contains Sections 106 to 124. Section 107 thereof speaks that on receipt of information that any person is likely to commit breach of peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of peace or disturb the public tranquility, the Executive Magistrate, who is of opinion that there is sufficient ground for proceeding, he may require the said person to show cause as to why he should not be ordered to execute a bond for keeping the peace for such period, not exceeding one year, as the Magistrate may think fit in the facts and circumstances of the case. The Executive Magistrate is required to pass an order under Section 111 Cr.P.C in writing, setting forth the substance received by him and the amount of the bond to be executed etc. Thereafter, certain procedure is prescribed under Section 116 Cr.P.C to cause inquiry and ultimately an order is required to be passed under Section 117 Cr.P.C. Therefore, in the scheme of Cr.P.C, considering the object of the provisions enacted in Chapter VIII of Cr.P.C, it is now clear that the said proceedings are not penal in nature and are only preventive in nature, which are to be initiated to prevent possible breach of peace or disturbance of public tranquility. Therefore, it is not contemplated under law that an F.I.R is required to be registered to initiate the said proceedings. It is not an offence for which the F.I.R is to be registered.

A reading of Section 154 Cr.P.C., makes it manifest that only when the information that is furnished to the police discloses commission of a cognizable offence, then only police are required to register an F.I.R under Section 154 Cr.P.C and investigate the case. Even in a case relating to non-cognizable offence, the police have to first obtain prior permission from the concerned Magistrate and register an F.I.R and then proceed according to law. So, basically the law contemplates registration of F.I.R only when the information discloses commission of a cognizable offence. The information relating to likelihood of committing breach of peace or disturbance of public tranquility does not relate to any commission of offence under any provision of Indian Penal Code. Therefore, no F.I.R for the proceedings relating to Section 107 Cr.P.C is required to be registered.”

4. In the light of the above submissions and in view of the aforesaid order of this Court and for the reasons stated therein, this Criminal Petition is allowed and the aforesaid F.I.R., registered under Section 107 C