1 S. B. CRIMINAL MISC. PETITION NO. 622/2007 HARSUKHRAM V. STATE OF RAJASTHAN. DATE OF ORDER ::: 24/11/2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. Mahesh Bora, for Petitioner. Mr. Ashok Upadhyay, PP, for the State. Preferring instant petition under Section 482, Cr.P.C., petitioner requests quashing of proceedings under Section 110, Cr.P.C., initiated by the learned Executive Magistrate, Pokran vide order dated 17.7.06. As per impugned order, S.H.O., Police Station, Pokran submitted complaint alleging that the petitioner indulges in quarrelsome, notorious and theft like activities and is dangerous to the extent that the people at large are not ready to depose against him – so necessary is to initiate proceedings – learned Magistrate registering proceedings under Section 110, Cr.P.C., issued notice to the petitioner as to why the petitioner should not be bound down for keeping peace etc. on bail bond of Rs.10,000/- for a period of six months. Learned counsel for the petitioner argued that (1) without any reason and applying mind, proceedings initiated, (2) no material allegation of petitioner being habitual of unwanted activities, (3) even if some cases remained pending against petitioner in the past, that do not render him in the definition of habitual, (4) some cases are initiated against petitioner by a group of one and the same persons, (5) petitioner a Government employee, is being harassed by certain persons, because of property dispute. Argued that for initiating proceeding under Section 110, Cr.P.C., pre-requisites in terms of Section 110, Cr.P.C., for being habitual for the offences mentioned in the Section. Learned Public Prosecutor, countering above arguments, stated that as many as 14 cases were registered against the petitioner in last few years. 2 Considered rival submissions and perused record. According to complaint, ten cases are registered from 89 to that of 2nd July, 06, out of it two are proceedings under Sections 107 & 116 (3), Cr.P.C., initiated in July, 06 – two are of the year, 1989 – two are of the year, 1992 and two of the year, 2001 and only one of the year, 2002. In many these cases, petitioner stands acquitted. In five years preceding initiation of proceedings that is from the years, 2001 to 2006 three cases that too for the offences of Sections 323 and 341, IPC, are registered and no conviction. Considering this view of the matter, as petitioner was interimly asked and he submitted bail bonds on 18.10.06 for a period of six months, the proceedings, without further comments, deserve to be quashed. Accordingly, the petition is allowed and the proceedings against petitioner under Section 110, Cr.P.C. (Case No.44/06 in the Court of SDM, Pokran) are set aside. (C. M. TOTLA), J. scd