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Madhya Pradesh High Court

Mohammad Sajid Khan vs The State Of Madhya Pradesh on 27 November, 2017

     -1- MCRC
            NO.19841/17, MCRC No.19846/17,
      MCRC No.19861/17 & MCRC No.19879/17

27.11.2017 (INDORE):
       Shri Akhlaque Khan, learned counsel
for the petitioner.
       Shri Ramakant Sharma, learned Govt.
Advocate for the respondent/State.

Heard.

All the four petitions are identical on the facts and grounds, therefore, they were heard analogously and are being decided with this common order.

In all the four petitions the petitioners have sought quashment of the order dated 26.09.2017 passed by Sub Divisional Magistrate (SDM), Dr.Ambedkar Nagar, Mhow whereby learned SDM sent notice against the petitioners to show cause as to why they be not directed to execute bond of Rs.10,000/- each for maintaining peace in the region.

The contentions of the petitioners are that they all are law abiding persons having good conduct. They are living peacefully. Nothing is there to show that they have created any threat

-2- MCRC NO.19841/17, MCRC No.19846/17, MCRC No.19861/17 & MCRC No.19879/17 to the peace of the region or they are indulged in criminal activities. It is further contended that none of the offences registered against them falls under the offences detailed in section 110 Cr.P.C. The cases against them are registered on the instigation of one Mohd. Yunus with whom they have a land dispute. Mohd. Yunus wants to grab the land of their brother Junanu. Civil suits are also pending against them. The land is in possession of the brother of the petitioner. Mohd. Yunus wants to dispossess them and grab the land with the help of authorities of the administration, therefore, on his instigation the proceedings under section 110 Cr.P.C has been initiated.

IPC, crime No.210/15 u/s 447, 294, 352, 327, 506, 34 IPC and crime No.219/17 u/s 447, 477, 188, 427, 294, 506, 34 IPC are recorded against petitioner Mohd. Sadiq at Police Station, Simrol, crime

-3- MCRC NO.19841/17, MCRC No.19846/17, MCRC No.19861/17 & MCRC No.19879/17 No.134/15 u/s 379 IPC, crime No.210/15 u/s 447, 294, 352, 327, 506, 34 IPC, crime No.219/17 u/s 447, 477, 188, 427, 294, 506, 34 IPC are registered against petitioner Mohd. Shahid Khan, crime no.324/04 u/s 294, 323, 34 IPC & u/s 3(1)10 SC & ST Act, crime No.47/08 u/s 294, 323, 506, 34 IPC, crime No.134/15 u/s 379 IPC, crime No.210/15 u/s 447, 294, 352, 327, 506, 34 IPC & crime No.219/17 u/s 447, 477, 188, 427, 294, 506, 34 IPC are registered against petitioner Moin @ Jugnu & crime No.142/99 u/s 294, 506 IPC, crime No.268/99 u/s 363, 366, 506, 34, 376 IPC & u/s 3(1)(10) of the SC & ST Act, crime No.324/04 u/s 294, 323, 34 IPC & u/s 3(1)(10) of the SC & ST Act, crime No.47/08 u/s 294, 323, 506, 34 IPC, crime No.134/15 u/s 379 IPC, crime No.210/15 u/s 447, 294, 352, 327, 506,34 IPC & crime No.219/17 u/s 447, 477, 188, 427, 294, 506, 34 IPC are registered against petitioner Mohd. Sajid Khan.

-4- MCRC NO.19841/17, MCRC No.19846/17, MCRC No.19861/17 & MCRC No.19879/17 It is submitted by the learned counsel for the petitioners that out of five cases two cases registered against petitioner Moin @ Jugnu have been disposed off and he has been acquitted from the charges. Similarly out of six cases petitioner Mohd. Sadiq has been acquitted in three cases.

According to the State the SHO, police station Simrol submitted a report against the petitioners stating that the petitioners are habitual criminals. Police has taken action against them on several occasions but there is no improvement in their behaviour. They are imminent danger for the peace and tranquility of the region. They can disturb public tranquility, therefore, action may be taken against them. Upon receiving such information the SDM issued show cause notice as to why the petitioners shall not be directed to execute a bond in the sum of Rs.10,000/- to observe peace in the region and for

-5- MCRC NO.19841/17, MCRC No.19846/17, MCRC No.19861/17 & MCRC No.19879/17 their good behaviour for one year/6 months.

All offences under which cases have been registered against the petitioners fall under the category mentioned in section 110-G Cr.P.C. Several cases are pending against the petitioners and the SHO has submitted a report that they are creating threat to the peace of the area. Considering the material submitted before the SDM, I do not find it appropriate to quash the proceedings of the SDM at this stage. Accordingly, the petitions being bereft of merit are hereby dismissed.

(VIRENDER SINGH) JUDGE hk/ Digitally signed by Hari Kumar Nair Hari Kumar DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, Nair 2.5.4.20=297e891894a3c0a72fe336151e 45300982d99410547d92f39d7bb69ece dcaf7c, cn=Hari Kumar Nair Date: 2017.11.30 10:53:32 +05'30'