1 S. B. CRIMINAL MISC. PETITION NO.738/2007 RAM SWAROOP OZHA V. THE STATE & OTHERS. DATE OF ORDER :::: 12-09-2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. Ramesh Purohit, for Petitioner (s). Mr.JPS Chaudhary, PP, for the State. Petitioner, by way of this application under Section 482, Cr.P.C., requests quashing of proceedings No.1/07 initiated againslt him under Section 110 read with Section 41, Cr.P.C., vide order dated 21.04.2007 of SDM, Aasind (Bhilwara). Learned counsel for the petitioner argued that the proceedings are initiated on a report, complaint of SHO, Aasind which describes three cases, of which for two, petitioner is acquitted and thus without any basis and reason, proceedings are initiated in a routine mechanical way which clearly is abuse of process only to harass petitioner. Contended that without any apropriate opportunity to petitioner by the same order of initiation of proceedings, petitioner ordered to executed bonds of good behaviour for a period of six months. Contended that in no way, petitioner can be termed as habitual offender or involved in habitual commission of offences. In support of contention, submitted copy of order dated October 16th, 2006 in S. B. Criminal Misc. Petition No.422/03, Dhan Raj v. State & Others. Leanred Public Prosecutor submitted that petitioner is habitual of commission of offences involving breach of peace. Considered and 2 perused the complaint filed against petitioner and the order dated 21.04.2007. As per complaint of SHO, accused acquitted in two cases No.56/92 and 19/96, of which in one, by way of compromise and a case No.464/04 pending for the offences of Sections 148, 323 and 341, IPC. Also stated in the complaint is that villagers being afraid of petitioner, not ready to furnish evidence, so it is necessary to direct petitioner to furnish securities to be of good behaviour. Section 110, Cr.P.C., provides that if the persion habitually commits or attempts to commits or abets the commission of offences described in the Section, he can be ordered to execute bond with or without sureties for his good behaviour for period not exceeding three years. As above, all the three cases are of the year prior to 2000, petitioner is acquitted and only one is pending. No conviction is mentioned. As above, only one case was pending against petitioner which too pertains to prior to year 2000 – further the order is of April, 07 and till now about 1-1/2 years elapsed and no useful purpose would be served in allowing the proceedings to continue. Consequently, this petition is allowed and the proceedings under Section 110, Cr.P.C., initiated against the petitioner bearing No.1/07 by the Executive Magistrate are quashed. (C. M. TOTLA), J. scd