Indian Kanoon - Search engine for Indian Law

Heard learned counsel for the petitioners and the opposite party.

Petitioners are second party to the proceeding instituted under Section 107 of the Code of Criminal Procedure (for short the Code). They are aggrieved by the order dated 22.2.2009 passed by the Sub-Divisional Magistrate, Gogri in Case No. 540 M of 2005 whereby on a consideration of the evidence adduced on behalf of the parties and the documents, it has been found that the members of the second party (petitioners herein) were likely to breach peace and thus directed them to execute bond for maintaining peace for a period of 01 years from the date of execution of the bond. They are also aggrieved by the order passed on their appeal being Cr. Appeal No. 09 of 2007 passed by learned Addl. Sessions Judge-cum-F.T.C. No. V, Khagaria dated 8th January, 2008 whereby the appeal stood dismissed.

Learned counsel for opposite party submits that no issue in regard to such extension of period was raised by the petitioners. When the order went adverse to them then they are raising this grievance before this Court. It is next contended that the submission anchored on the principles of double jeopardy was considered by the learned Magistrate and negated on the ground that Section 107 Cr.P.C. proceeding is preventive not punitive in nature. No issue, therefore, can be raised on the ground of double jeopardy.