HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2769 of 2008 Dated 18th February, 2008 Between G.Baburao and ors …Petitioners and The Station House Officer, Port PS, Kakinada, EG District and ors. …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2769 of 2008 ORDER: In this Writ Petition, the petitioners seek Writ of Mandamus to declare the action of the respondents in insisting them to execute a bond for Rs.10,000/- each with a surety each for a like sum pursuant to initiation of proceedings dated 5-2-2008 in MC.No.1 of 2008 on the file of the Sub Divisional Magistrate, Kakinada, as illegal and arbitrary. Based on the information furnished by the Station House Officer, Port Police Station, Kakinada, the Sub-Divisional Magistrate, Kakinada, has issued notice dated 5-2-2008. By the aforesaid notice, the party respondents therein, including the petitioners were asked to show cause why each of them should not be ordered Under Section 116 Cr.P.C. to execute a bond for Rs.10,000/- with surety each for a like sum to keep the peace and tranquility for a period of six months. It is the case of the petitioners that no cases were registered against them and they are not involved in any crime and in spite of the same, such a notice was issued. On instructions, it is submitted by the learned Government Pleader appearing for the respondents that some persons, including the petitioners, are involved in illegal oil business and they formed into groups and are making huge earnings by supplying the oil to different parties illegally. It is stated that in the process of such illegal business, there is apprehension of serious Law & Order problem, which will disturb peace and tranquility, and, as such, notice is issued based on the said information, by initiating proceedings under Section 107 Cr.P.C. The notice issued under Section 107 Cr.P.C. is in the nature of a show cause notice and the petitioners cannot question the same. If there is no basis for initiation of said proceedings, it is always open for the petitioners to file their explanation. The execution of bond by the alleged persons against whom suspicion of involvement in the activity which will disturb peace and tranquility is entertained, is subject to filing explanation and an opinion is required to be recorded by the Sub Divisional Magistrate. In that view of the matter, while it is open for the petitioners to file explanation to the said show cause notice, but at the same time, they cannot question the said notice at this stage. In view of the material placed by the learned Government Pleader, prima facie, it cannot be said that there is no basis for initiation of proceedings. In that view of the matter, I dispose of the Writ Petition permitting the petitioners to file explanation within two weeks from today and if such explanation is filed, the learned Sub Divisional Magistrate, shall consider the same and take further steps by recording opinion under Section 107 Cr.P.C. Subject to the above observation, the Writ Petition is disposed of at the admission stage. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 18-2-2008 Msnr.