Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 117 and 110 1973: ss. 122(1)(b) 111 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: ss. 122(1)(b), 111, 117 and 110 – Security for keeping the peace and for good behaviour – Imprisonment in default of security –Correctness of –On facts, bond executed by the appellant u/s. 110 rws. 117 violated by him on account of his involvement in a criminal case, registered subsequently – Executive Magistrate and the High Court found the appellant guilty for breach of the conditions of bond and punished him in exercise of power u/s 122(1)(b) and sent him to custody –Interference with – Held: Orders passed by the High Court and the Executive Magistrate does not call for interference – Order was passed u/ss. 111 and 117 for security, and on violation, recourse, specified u/s. 122 was permissible – Personal liberty of the citizens can be dealt with by following the procedure established by law – Order passed by Executive Magistrate was after following the procedure, so prescribed and affording due opportunity to the appellant – Thus, the High Court rightly affirmed the said order. Chapter VIII – Object and scope of – Held: Chapter VIII confer powers to the Executive Magistrate to take bond for maintaining security and for keeping the peace and good behaviour by the citizens – Legislature introduced the said Chapter conferring powers on the authorities to take action for violation of peace and tranquility in public order by the citizens of the locality, otherwise, by following the procedure as prescribed, the action may be taken by the competent authority. |
Judge | Hon'ble Mr. Justice J.K. Maheshwari |
Neutral Citation | 2022 INSC 286 |
Petitioner | Devadassan |
Respondent | The Second Class Executive Magistrate, Ramanathapuram & Ors. |
SCR | [2022] 1 S.C.R. 868 |
Judgement Date | 2022-03-09 |
Case Number | 388 |
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