Bhopal (Madhya Pradesh): Bhopal District and Sessions Court has set aside the order of the Special Executive Magistrate (Additional Commissioner of Police) in connection with proceedings initiated under Section 107/116 of CrPC. Additional District Judge Dharmendra Tada passed the order.
The court in its observation, said, “Executive magistrate did not apply mind while summoning any one in connection with Section 116 of CrPC. The order passed under Section 117 CrPC is an error of law and fact.”
The court has asked executive magistrate (Additional Commissioner of Police) to investigate and apply brain before passing a speaking order in connection with bond execution under Section 107/116 of CrPC.
According to order, Ayodhya Nagar police had lodged complaint in subordinate court of Additional Commissioner of Police (ACP) against applicants under Section 107 CrPC stating Aditya Kashyap, Chaitanya Prasad, Apoorv Anand and Sunil Prasad of Indrapuri Bhopal, had an altercation over money transaction.
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Appellants were issued summons under Section 107 of CrPC and they were told to execute bond under Section 117 of CrPC to maintain peace in public for 12 months. Apoorv Anand and Sunil Prasad of Indrapuri challenged the order passed by ACP Court under Section 117 of CrPC.
Advocate Rajat Garg who appeared on behalf of appellants argued that Ayodhya Nagar police called petitioners habitual offenders but did not submit evidence in support.
Affidavit was neither notarised nor attested by oath commissioner. The report of investigation officer and the affidavit of station incharge do not match and is categorically different from each other. There is no possibility of breach of peace, he had said.
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