XI-HC-78 3^ •<<i<iicio, aifl^'16, Rirti*i^< *<I*1WT ai*TTch^...€>..K..m.^^ 3n^?T4ac») (licl^s'S.8') 3TI^T'BT f^-TR; (raTsnWshtiiti TOITWHfN'Sfl^T PETITIONER: RESPONDENTS: 22-3-2007:. Shri N.S. Dhurandhar, Advc| Shri U.N.S. Deo, Govt. Adv<t The petitioner has preferrecf the orders Annexures A-1, A-4 ar|d petitioner has been filed under Sejcl cases under Sections 107, 116 Gambling Act are pending, theref <tiM(d41-f tiii<i1iftet3'<Ri«i< ^arf^R'sn^r Shobit Ram Dimar, S/o Jhumuklal, aged about 38 years, resident ofvitlage Gumr, P.S. Gurur, District: Durg, Chhattisgarh. ersus 1. State of Chhattisgarh, Through Secretary Home Department, Office situated at Secretariate Raipur, Chhattisgarh. 2. Collector, Durg, Office situated at Durg, District: Durg, Chhattisgarh. 3. Sub Divisional Magistrate, Balod, Office situated at Balod, District: Durg, Chhattisgarh. 4. Station House Officer, P.S. Gurur, Tahsil Gurur, District: Durg, Chhattisgarh. cate for the petitioner. >cate forthe State/respondents. this writ petition questioning legality of A-5 whereby a complaint against the jction 110 of the Cr.P.C. showing that 8 jnd 151 of the Cr.P.C. and 2 cases of fore, based on Annexure-A/5, a show P.T.O. ^ r ^^- '^200 'sn^r p KXo] ^% *1|t(^n Sb^T^) 3^? "i(i'i<i<vi-i|, aTflu'is, {sicii.My .....-....... .i...,. *. ^.-.^^q- 200A r 3Ti^?r <ra^? (I^3g^sr) SRITWHfgcfSn^T cause notice Annexure-A/1 was he should not be directed to prod the tune of Rs.10,000/- each for that, the petitioner herein appear Vide order Annexure A/4 datet envisaged under Section 11| meantime, the petitioner herein e;| asked for. No reply has been filed b^ opportunity given to them. Issued to the petitioner herein as to why |jce security along with personal bond to a period of one year. In pursuance of id before the Sub Divisional Magistrate. 13-10-2005, a preliminary order as |of the Cr.P.C. was passed. In the |;ecuted a personal bond and a surety as The main grievance of order Annexure-A/4 is not in this respect, Section 111 Cr.P.C. under Section 107, Section 108, necessary-to require any person] shall make an order in writinst information received, the amount which it is to be in force, and the (if any) required. Therefore, in ^ petitioner herein appeared befor^ cause notice, S.D.M. was requirecf the substance of the information rt leferned Perusal of Annexure-A/4 ri passed in conformity with Sectio|n substance of the information chl<<lc1<frTllH(lTff1W)'<[^l«K ^STf^lTSn^T the State/respondents in spite of ample counsel for the petitioner is that conf^rmity with Section 111 of the Cr.P.C.. In ^nvisages that when a Magistrate acting Section 109 or Section 110, deems it |to show cause under such section, he !, setting forth the substance of the |of the bond to be executed, the term for Inumber, character and class of sureties ^iew of the above provisions, when the the S.D.M. in pursuance of the show to make an order in writing setting forth ^ceived. rec4ived 'veals that the order impugned was not 111 of the Cr.P.C., setting forth the I, that what kind of information was P.T.O. •:-k. P.T.O. AAR^EE GRAPHICS. PACHRi PARA. LiURG. 32M-40.4 )08S2 y ^"n -^ ^ irve '^ Wfl^TTaiWth S^^IRIcT'T, (STflti'IS, (sldiyy .y.,F,J^.' <l / an^yTT?^ ('^gp^a') ^[ 200^ gTdiWHfsd'an^T received by the S.D.M. declarirtg to the community. Therefore, th|i In the circumstances, ort pursuance of that are hereby liberty to make a fresh order in 1|er forth the substance ofthe inforn'lation The writ petition is dispos|e< Consequentiy, M.(W.)P. Parties are entitled for cettified ed of accordingly. i.1518/2006 also stands disposed of. copy of this order. ffJo oRNwfN'wicTt''ff tetA rfSresrc ^aif^irsn^T the petitioner desperate and dangerous s order is liable to be quashed. ler Annexure-A/4 and any order made in quashed. However, S.D.M. shall be at irms of Section 111 of the Cr.P.C., setting received against the petitioner. Sd<- L.C. Bhadoo Judge P.T.O. iRAPHICS, PACHRt PARA, i-iURG. 321440, 4IOS52 (L^ / ^^ -w ^ •sS'sM'^'^^