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Madhu Limaye vs Sub-Divisional Magistrate, Monghyr & ... on 28 October, 1970

984. It is averred that the proceedings u/s 107/150 Cr.P.C. cannot be used as a handle in case of private dispute between CR No.04/16 11.03.2016 Page no. 2/6 the individuals where there is no material referring to disturbance of public tranquility or public peace. It has been pointed out that in Madhu Limaye & Another Vs. Sub Divisional Magistrate and others, AIR 1971 SC 2486, it has been laid down by Hon'ble Supreme Court regarding scope of section 107 Cr.PC that this provision is aimed at persons who cause a reasonable apprehension of conduct likely to lead to a breach of peace or disturbance of public tranquility. It is submitted that the circumstances of the case do not warrant invocation of section 107 Cr.PC. It has also been pointed out that Ld. SEM did not deem it necessary to record the statement of any person during the course of inquiry before proceeding to issue impugned notices to the revisionists.
Supreme Court of India Cites 36 - Cited by 292 - M Hidayatullah - Full Document
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