This Criminal Original Petition has been filed to call for the records of F.I.R NO. 728 of 2017 on the file of the respondent police and to quash the same.
2. There appears to be breach of peace between two groups viz., 'A' party and 'B' party and such information has been taken cognizance of by the respondent police in F.I.R No. 728 of 2017 dated 13.07.2017. The petitioner is aggrieved against the said F.I.R.
3. On a perusal of the F.I.R, it is seen that the respondent has only extracted the substance of the occurrence and has referred the matter to the Executive Magistrate for further action under
Section 107 of Cr.P.C. It is needless to point out that on receipt of such information, the Exectiuve Magistrate may require the parties to so cause as to why they should not execute the bond for keeping peace for existing one year.
4. The procedure for maintaining peace in these kind of cases is provided under Chapter 8 of the Criminal Procedure Code for the purpose of maintaining peace. The only apprehension of the petitioner is that though they have referred the matter under
Section 107 of Cr.P.C., the respondent police have been calling the petitioner to appear for enquiry. Under the provisions of Chapter 8 of Cr.P.C, once the Executive Magistrate has seized out the matter, the respondent may not be justified in calling the petitioner for the purpose of enquiry.
5. In view of the same, the present petition seeking to quash the F.I.R. is not warranted. Hence, this petition is dismissed. Consequently, connected Miscellaneous Petition is closed.