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Judgment
On mention made and in view of urgency stated, this matter has been taken on Board today; and with the consent of the learned counsel for the
parties, is taken up for disposal at this stage itself.
The brief facts and relevant background aspects of the matter are that the petitioner was served with a copy of the order dated 25.01.2018
(Annexure - 2) as passed by the Sub-Divisional Magistrate, Sohra, directing him to appear on 31.01.2018 at 4 p.m. to show cause for executing a
bond for not disturbing the peace for three months based on a police report (Annexure - 4). It is submitted that as the petitioner is suffering from
various ailments like Cancer Cell Tumour, Liver disease, Diabetic, High Blood Pressure, etc., he went to Sohra on 31.01.2018 in Ambulance but
was unable to appear before the Court for ailment; and his attendant went on instructions to the office of the Sub-Divisional Magistrate and filed an
application seeking time for filing show cause after supply of the copy of police report.
The grievance of the petitioner is that though copy of the police report was supplied to his attendant but the learned Magistrate proceeded to
pass an order requiring him to appear today i.e., 05.02.2018 at 4 p.m. for executing a bond of Rs. 10,000/- with a surety of the like amount for
keeping peace for a period of three months. It is also submitted that a copy of the said order was not supplied to the petitioner but a copy thereof
is placed on record as said to have been noted down by the legal adviser of the petitioner. It is further submitted that the learned Sub-Divisional
Magistrate has not complied with the provisions contained in Sections 111 and 116 CrPC while passing the said order and while drawing up the
proceedings against the petitioner.
Learned PP Shri K Khan, who was granted time to take instructions as also to obtain a correct copy of the order dated 31.01.2018 said to
have been passed by the Sub-Divisional Magistrate, has now produced a copy of the said order as received by him through Whatsapp and has
also submitted that the learned Sub-Divisional Magistrate would be willing to revisit the matter so as to take the proceedings in accordance with
law.
It does not appear necessary to dilate on all the factual aspects and the grounds sought to be urged in this matter for the reason that in the initial
order dated 25.01.2018, the learned Magistrate had specifically issued notice calling upon the petitioner to show cause as to why he should not be
bound down under Section 107 CrPC and the matter was fixed on 31.01.2018. The order as passed on 31.01.2018 on the request for
adjournment with reference to the illness of the petitioner gives out as if the learned Magistrate was refixing the date for appearance of the
petitioner so as to execute the bond and it does not appear that the petitioner was extended adequate opportunity to show cause.
In the given circumstances, it appears appropriate to set aside the order dated 31.01.2018 and to extend an opportunity to the petitioner to
show cause while providing for his appearance through an authorised representative, in case, the illness prevents him from personal appearance in
the Court.
Accordingly, this petition is partly allowed to the extent and in the manner that the order dated 31.01.2018 as passed by the Sub-Divisional
Magistrate, Sohra in Shella Police Station Non FIR Case No. 06/2018 qua the petitioner is set aside; and the petitioner is granted an opportunity
to show cause on or before the next date now being fixed. The petitioner shall appear before the Sub-Divisional Magistrate, Sohra on 09.02.2018
at 4 p.m. either in person or through his authorised representative duly instructed, in case the illness prevents his appearance, with the requisite
medical certificate. This petition stands disposed of accordingly.