Indore : The 16th Additional Sessions Judge rescinded an order issued by Sub-Divisional Magistrate in-charge of Malharganj Police Circle on the grounds of it being issued unconstitutionally and against established procedures.
Briefly Malharganj Police registered a case of disturbing peace against Bahadur Singh Sankhla, a lawyer, and his son Dheeraj, both residents of Jawahar Marg and submitted the charge sheet in the court.
The Sub-Divisional Magistrate in-charge of Malharganj Police Circle issued an order on July 21, 2014 asking the father and son duo to furnish a bail of Rs 5000 each.
The defendants through their advocate Harish Sharma filed a Criminal Review Petition in the court of the Sixteenth Additional Sessions Judge, Bharati Singh Jamara.
Judge Jamara found that charge sheet did not indicate disturbance of peace and added that Sankhla is a lawyer and his Son Dheeraj is employed and the police were unable to establish beyond doubt that they could have disturbed the peace.
Moreover, the court observed, the SDM and the police had failed to follow the established principles of law and justice and therefore the impugned order is revoked.
