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Judgment
Heard the learned counsel for the petitioners.
In the above said two cases the order passed by the Tahsildar and Taluka Executive Magistrate in MAGCR/12/16-17 dated 03.10.2016 is
called in question wherein the Tahsildar initiated the proceedings under Section 107 of Cr.P.C. against the petitioners.
The petitioners in Crl.P. No.9198/2016 are arrayed as parties of ''A'' group and the petitioners in Crl.P.No. 7359/2016 as parties of ''B''
group. Order was passed by the Tahsildar on 03.10.2016 calling upon the parties to execute the bonds in order to keep peace in the public place.
Particularly the police have alleged that in respect of Sy.Nos.131/2, 132/2, 132/3 and 132/4(P) situated at Hoodi Village, K.R.Puram Hobli,
Bangalore East Taluk, the above said two groups are quarreling with each other and several criminal cases have also been lodged against both of
them and there is likelihood of breach of peace in the said area. Therefore, police requested the Tahsildar to initiate proceedings under Section 107
of Cr.P.C.
The order discloses that, the Magistrate has decided to take the bonds from the parties, which is much against to the statutory principles under
Section 111 of Cr.P.C. The Executive Magistrate can only call upon the parties to explain as to why the bond should not be taken from them for a
period of six months to keep peace in the said area. Even the said order does not disclose the period for which the bond is to be taken and also
sureties if any, etc. Therefore the entire order is passed without there being strict compliance under Sec.111 Cr.P.C. More than that, the order
was passed on 03.10.2016. Even the Magistrate can only take bond for a period of six months from the date of initiation of the proceedings and
not more than that. After completion of six months, the order automatically lapses. After the period of six months, if the Executive Magistrate finds
that there is any apprehension of breach of peace, he can initiate fresh proceedings by issuing fresh notice to the parties on proper and correct
information by the police. Under the above said circumstances, the proceedings which is impugned under these petitions does not survive anymore
after lapse of six months from the date of initiation. Hence, I proceed to pass the following:
ORDER
Petitions are allowed.
The notice as against the petitioners in No.MAGCR/12/16-17 dated 03.10.2017 passed by Tahsildar and Taluka Executive Magistrate,
Bangalore East Taluk, Krishnaraja Pura is hereby quashed as the same has already lapsed.