Jharkhand High Court
Ramesh Yadav And Ors vs The State Of Jharkhand And Anr on 21 June, 2017
Author: B.B. Mangalmurti
Bench: B.B. Mangalmurti
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.311 of 2013
1. Ramesh Yadav
2. Subhash Yadav
3. Ramchandra Yadav .... .... .... Petitioners
Versus
1. The State of Jharkhand
2. Krishna Murari Yadav .... .... .... Opp. Parties
CORAM : HON'BLE MR. JUSTICE B.B. MANGALMURTI
For the Petitioners : Mr. Ram Lakhan Yadav, Advocate
For the State : Ms. Lily Sahya, A.P.P.
12/21.06.2017This revision application is directed against the order dated 13.09.2012 passed by Sessions Judge, Koderma in Cr. Appeal No.34 of 2010 whereby and whereunder order dated 01.04.2010 passed by Executive Magistrate, Koderma in Case No.50 of 2009 to execute bond under Section 107 Cr.P.C. has been confirmed.
Bereft of the unnecessary details, the facts which are relevant for the proper adjudication of the issue involved in this case, in short, is that on 21.01.2009 I/c of Tilaiya Dam received a letter no.477 dated 19.01.2009 of District Education SuperintendentcumDistrict Education Officer, Sarva Shiksha Abhiyan, Koderma for submission of a report after making inquiry with respect to an application of respondent no.2Krishna Murari Yadav, who was a Para Teacher in Utkramit Prathamic Vidyalaya, Pokdanda. The I/c of Tilaiya Dam O.P. made an inquiry and submitted his report stating therein that on 16.01.2009 at about 11.30 a.m. the appellants came to Utkramit Prathamic Vidyalaya, Pokdanda and raised hue and cry and also with a view to oust respondent no.2Krishna Murari Yadav from the school. The report discloses that similar incident had taken place in 2007 for which a case had also been instituted. It is further stated that appellant no.2Subhash was trying to get his wife selected as a Para Teacher and that other appellants were asking for withdrawal of the case instituted in 2007. It was stated in the report that the appellants were trying to disturb the peace and tranquility of the village by instigating the villagers, Chairman and members of education committee by saying that the selection of respondent no.2Krishna Murari Yadav as Para Teacher was wrong and illegal. The report further disclosed that the atmosphere of the village was tense and as such a recommendation was made to Sub Divisional Officer, Koderma for initiation of proceeding under Section 107 Cr.P.C. against the appellants. Hence, this revision.
Counsel for the petitioner submitted that the petitioners were second party in a proceeding under Section 107 Cr.P.C. in which order was passed for execution of bond of Rs.5000/ with two sureties of the like amount each for a period of one year for maintaining peace between the parties. Against the said order, Cr. Appeal No.34 of 2010 was preferred before the Sessions Judge, Koderma which was dismissed by terms of order dated 13.09.2012. Against that appeal, this revision has been preferred. It is submitted on behalf of the petitioner that the matter relates to the year 200910 as there was some dispute relating to joining of Para Teachers. Counsel for the petitioner submitted that now there is no such apprehension prevailing.
From the record, it appears that no stay order was passed in the revision application and in view of the above submission this Cr. Revision application is disposed of with the observation that the period for which bond was ordered to be executed, have already lapsed. Therefore, there is no need of executing any bond before the Executive Magistrate.
(B.B. Mangalmurti, J.) Anit