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Judgment
Vivek Rusia, J
Petitioner has filed the present petition being aggrieved by the order dated 11.10.2023 whereby the Sub Divisional Magistrate, Pansemal District Barwani has issued arrest warrant for arrest of father and brothers of the petitioner (Kanhaiya S/o Gokul and another).
According to the petitioner on 11.10.2023, the proceedings under Section 107 and 116 of Cr.P.C. were initiated by respondent No.3 and directed Kanhaiya and others to submit bonds under Section 112 of Cr.P.C. and on the same day, warrants were also issued for arrest of Kanhaiya and others. The matter was directed to be listed on 16.10.2023. On 16.10.2023, they were present alongwith surety Suraj but the Presiding Officer was busy in Election Duty, thus case was adjourned. On 17.10.2023, no order was passed for taking the surety on record, hence, detention has become illegal.
Learned counsel for the petitioner submits that proceedings under Section 107 and 116 of Cr.P.C. are liable to be continued till bonds are furnished. Kanhaiya and others were ready to submit surety but it was not taken on record as Presiding Officer was busy in Election Duty, therefore, there is illegal detention.
In view of above, Writ Petition is disposed off with direction to concerned Authority/Respondent No.3 to decide pending proceedings within 24 hours after production of certified copy of this order.
C.C. today.