(Prayer: Criminal Revision Petition is filed, under Section 397(1) r/w 401 Cr.P.C., to call for the records and set aside the order in M.C.No.107/56/16, on the file of the Sub Divisional Magistrate and Sub Collector, Thoothukudi, Thoothukudi District dated 25.01.2016.)
1. The revision petitioner in this revision challenges the order of Sub-Divisional Magistrate, Tuticorin passed in M.C.No.107/56/16.
2. Heard both sides.
3. Under Section 107 Cr.P.C. the revision petitioner has been asked to execute a bond to keep peace for one year. This order has been passed by the Sub-Divisional Officer/Sub Collector, Tuticorin in M.C.No.107/56/16.
4. Section 397(1) Cr.P.C. gives revisional jurisdiction to the Court. This revisional power can be exercised by this Court and also by the Sessions Court. It is concurrent. It is pertinent to note that even Court can suo motu exercise its power. In fact under Section 397 Cr.P.C. power of judicial review over the orders of the Executive Magistrate has been given to Courts.
5. Now, in this case, the petitioner has bypassed the Sessions Court. He came directly to this Court. But there is no bar under the Code to come straightaway to this Court. But, still it is the discretion of the Court either to direct the party to go to Sessions Court. It all depends on the facts and circumstances of each case. In this case violation of provisions of Cr.P.C. has been alleged. Instead of doing dilatory work, we shall deal with this matter.
6. Section 107 Cr.P.C. runs as under:
107. Security for keeping the peace in other cases. - (1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter 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.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction. (emphasis supplied by me)
7. Under Section 107(1) Cr.P.C. the Executive Magistrate were given power to act if they receive any information that it is a fit case that the person should be asked to execute bond to keep peace and good behavior upto one year. A reading of Section 107(1) Cr.P.C. shows that the Executive Magistrate has enormous power. It is pertinent to note that non perform of the terms and conditions of the bond some time lead a person to jail. But it will be without a charge, without a trial. It is a dangerous power. It grants more power to Executive Magistrate . Section 107(1) acts as a check on their powers. Under Section 107(1) Cr.P.C. The Executive Magistrate must record his subjective satisfaction. Thus, he cannot pass oral orders under Section 107(1) Cr.P.C. He cannot simply pass orders according to his whims and fancies. He must give reason though not elaborately but briefly. Section 107(1) Cr.P.C. acts as a check on the arbitrary exercise of power.
8. The impugned order passed by the Sub-Divisional Magistrate/Sub Collector, Tuticorin in M.C.No.107/56/16 runs as under:
C.P. Produced. Case taken on file today. Released on execution of bond for good behaviour for a period of 12 months and Rs.1,00,000/- (Rupees One lakh only).
9. The Sub Collector has completely not followed the guidelines provided in Section 107 Cr.P.C. It is an one line order. It is not a proper order. This order is vitiated. It will not stand in the eye of law. It is violation of provisions of Sections 107(1) and 107(2) Cr.P.C.
10. Now, in this case for an alleged instance F.I.R. in Crime No.644 of 2015 under Section 107 Cr.P.C. has been registered by the Tuticorin North Police Station. Registration of F.I.R. will arise only if a cognizable offence is disclosed. There cannot be registration of F.I.R. under Section 107 Cr.P.C. If F.I.R. is registered under Section 107 Cr.P.C. it is against law. This is one aspect of the matter.
11. In view of the foregoings this Criminal Revision is allowed. The impugned order of the first respondent in M.C.No.107/56/16 dated 25.01.2016 is set aside. Consequently, connected Miscellaneous Petition is closed.