The Allahabad High Court while disposing off the Petition filed before the court challenging the notice issued by the Sub- Division Magistrate under section 111 of Cr.P.C. to farmers with tractors to furnish ‘Personal bonds and bails’ of huge amount in connection to the ongoing farmer protest in country has directed the District Magistrate to be take precautions for future.
The Division Bench comprised of Justice Ramesh Sinha Justice Rajeev Singh while hearing the present Public Interest Litigation Filed by Arundhati Dharu has directed the District Magistrate Sitapur to be careful in future while any such proceedings are initiated so that no unnecessary harassment is caused to any person and further to instruct the SDMs working under him.
Sri V.K. Shahi, Additional Advocate General for the State of U.P. has informed the Court that notices were issued to 162 persons for executing the bond of Rs.10 lacs and two sureties of the like amount out of which 43 persons have appeared in the matter and on the basis of fresh challani report, the proceeding against all the persons have been dropped, as there is no further apprehension to breach of peace or disturbance of public tranquillity.
When a query was made from Sri V.K. Shahi, learned Additional Advocate General for the reason for issuing notice for filing personal bond and two sureties, he could not justify the act of the Sub- Divisional Magistrates (SDM) of various divisions working under the District Magistrate, Sitapur calling upon through the impugned notice the farmers owing tractors for furnishing personal bond and two sureties of such executed amount and only stated now the proceedings against all the persons in District Sitapur has been dropped by the SDMs working under the District Magistrate.
The court while disposing off this petition has stated that,
“we hope and trust that the respondent No.2-District Magistrate Sitapur and the SDMs working under him shall be cautious in passing orders in any proceedings of such a nature calling upon the persons to execute personal bond and sureties and their orders, act and conduct should not be such which reflects arbitrariness and against the principles of natural justice.”
Case details:
Case :- P.I.L. CRIMINAL No. - 2502 of 2021
Petitioner :- Arundhati Dhuru
Respondent :- State Of U.P. Thru. Home. Deptt. Lko & Others
Counsel for Petitioner :- Ishan Baghel,Veena Vijayan Rajes
Counsel for Respondent :- C.S.C.Quorum: Justice Ramesh Sinha Justice Rajeev Singh
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