show cause

Case :- CRIMINAL MISC. WRIT PETITION No. - 16386 of 2020

Petitioner :- Shiv Kumar Verma and Another

Respondent :- State Of U.P. and 3 Others

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Shamim Ahmed,J.

(Per: Surya Prakash Kesarwani, J.)

12. Section 107 Cr.P.C. requires the Magistrate receiving the

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 or disturb the public tranquility and is of

opinion that there is sufficient ground for proceeding, he may,

in the manner provided, require such person to show cause why

he should not be ordered to execute a bond, with or without

sureties, for keeping the peace for such period, not exceeding

one year, as the Magistrate thinks fit. Perusal of the order dated

08.10.2020, passed by the respondent no.3 would reveal that there is no

such satisfaction recorded by the respondent no.3. The aforesaid order

dated 08.10.2020 would further reveal that the respondent no.3 has not

required the petitioners to show cause that why they should not be ordered

to execute a bond with or without sureties. Thus, the respondent no.3 has

committed clear breach of mandate of Section 107 Cr.P.C.